Transcript HE Trial Licence for Photocopying and Scanning

Copyright for Learning,
Teaching and Research
Part 1
Andrew McVay, Legal Compliance Officer
Information Services
Copyright & Licensing Team
Brief Outline
 What is Copyright?
 What is covered by Copyright?
 Copying Legally
 Out of Copyright
 Copyright Waived
 Permitted Acts
• Fair Dealing (copying for non-commercial private study)
• Education
 Copyright Licences
 Obtaining permission
What is Copyright?
 Copyright is the legal protection given to creators of
original material against unauthorised exploitation of
their work.
 As defined by the Copyright, Designs and Patents Act
1988, Part 1 (as amended).
• Eg. Copyright (Visually Impaired Persons) Act 2002
• Copyright and related Rights Regulations 2003
Basically, copying without permission is illegal!
What is covered by Copyright?
The © symbol does not have to be displayed on
original work for it to be subject to Copyright.
Copyright subsists in:
•Books
•Artistic works
•Articles
•Musical works
•Photographs
•Computer programs
•Films and Videos
•Databases
•Sound Recordings
•Typographical arrangements
Copying Legally
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You own the copyright
Material is out of copyright
Copyright is waived
A permitted act of copying eg. Fair Dealing
Copying for non-commercial, educational purposes eg.
examinations
• Permission granted under a licensing scheme eg. CLA,
ERA, NLA, e-journals
• Permission obtained in advance, in writing from the
copyright owner.
Out of Copyright
Literary, dramatic, musical, artistic works:
author’s lifetime + 70 years
Sound recordings, broadcasts:
50 years
Typographical arrangement:
25 years
Computer programs:
author’s lifetime + 70 years
Some works have more than one ‘author’ for example a film would
have a director, author of screenplay, composer of sound-track etc.
Artistic works also include works of architecture, i.e. buildings or a
model for a building.
Copyright Waived
Permission to copy not required
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US Government publications (Public domain)
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Some UK Crown Copyright material (e.g. Acts of
Parliament, Statutory Instruments)
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Publications which state ‘may be freely reproduced
full acknowledgement’
*The rightsholder still has the right to protect the material
against use in a derogatory or misleading manner.
with
Permitted Acts
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‘Fair dealing’ for non-commercial
research or private study
Copying by Librarians
Non-commercial education purposes (limited)
It should be noted that the above acts are not rights – this kind
of copying could still be challenged by the rightsholder.
Make a single copy for noncommercial research or private study
This is called ‘Fair-dealing’ and is what is
termed an exception under the Act.
There are limits to the amount of material that
can copied under fair dealing:
 up to 5% or one chapter of a book
 up to 5% or one article of a journal issue
Copyright Licences
The Act encourages the setting up of Licence Schemes. These permit
Licensees to copy beyond the limits permitted by the Act.
The University holds a number of these licences:
Newspaper Licensing Agency
Although it is lawful to clip an article from a newspaper and circulate it, that
article may not be photocopied for purposes other than non-commercial
research or private study, criticism or review, or for reporting current events.
This licence permits the copying of articles for teaching and management
purposes.
The Licence covers the major UK national daily and Sunday papers, plus many
local papers, including the Western Mail, South Wales Echo and Wales on
Sunday. A number of foreign newspapers are also included in the repertoire.
Up to 250 copies may be made of any one article from any one issue of a
newspaper for circulation to University staff and students. Copies may be
distributed by fax.
Educational Recording Agency
The Act states that copying a film, television broadcast or cable
programme without permission is an infringement of copyright. Cardiff
University holds two Licences that permit the recording of broadcasts,
and the use of such recordings for educational purposes.
The Educational Recording Agency or ERA Licence permits the
recording of radio and television programmes broadcast by members of
the scheme (subject to terms and conditions). These include BBC, ITV,
Channel 4, Channel 5 and S4C.
ERA have produced a booklet for users of the licence which is available
at http://www.era.org.uk/New_Booklet.pdf
Using Electronic Journals
 Check each e-resource licence terms and conditions
before use.
 Do you have permission for example to:
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to copy and paste articles in Blackboard?
to link directly to articles held in resource?
to print out multiple copies?
to send copies of pdf’s by e-mail?
Using the World Wide Web
 Check each Website terms and conditions before
use.
 Does the website grant permission for example:
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to deep link to articles held on website?
to link to homepage only?
to copy and paste articles in Blackboard?
to print out multiple copies?
to send copies of pdf’s by e-mail?
Obtaining Permission
If material is not covered the licence then permission
must be obtained, in writing, from the rightsholder
before copying.
Remember - lack of response does not imply consent!
We can help you obtain permission, but a copy must
not be made until permission is obtained.
Copyright for Learning,
Teaching and Research
Part 2
The CLA HE Licence for
Photocopying and Scanning
Summary
 The Licence (general overview)
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What material can be photocopied/scanned
What material cannot be copied under the terms of this licence
How much can be photocopied/scanned – extent limits
 Photocopying
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Who can photocopy
Licence Checklist
 Scanning
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Who can scan
Copyright notice
Distribution of scanned material
Housekeeping
Data reporting & auditing
Licence Checklist
What material can be copied?
 Most printed,
 Books
 Journals
 Magazines
provided that,
The University owns at least one copy of the original text
 Published in the United Kingdom, USA and 28 other countries
 For Scanning - published in the United Kingdom and USA only
 Not on list of Excluded Works/Categories (for photocopying and
scanning) as published on the CLA website. www.cla.co.uk
International Territories
Argentina
Australia
Austria
Belgium
Canada
Denmark
Finland
France
Germany
Greece
Hong Kong
Iceland
Ireland
Italy
Jamaica
Japan
Luxembourg
Mexico
Netherlands
New Zealand
Norway
Singapore
South Africa
Spain
Sweden
Switzerland
Taiwan
Trinidad and Tobago
and USA *
What material cannot be copied?
 Works published outside the United Kingdom and the International Territories.
 Works published by US publishers that are listed on the 'Excluded US Publishers List‘
 Maps, charts or books of tables
 Printed music (inc the words)
 Works specifically excluded by a special notice mentioning CLA, either on the work itself or by
inclusion on the list below
 Tests or public examination papers whether published individually or in a collection
 All newspapers
 Privately owned documents issued for tuition purposes and limited to clientele who pay fees (except
those published by the Open University or the National Extension College)
 Workbooks, workcards, or assignment sheets
 Industrial house journals
Additional restrictions on scanning…
Where CLA licences include scanning rights they currently only
permit the scanning of works originally published in the UK and
US, except where the US publisher has specifically excluded
them. See the 'Excluded US Publishers List'.
In addition, customers in the higher education (HE) sector
should also refer to the separate list of Works excluded from
scanning under the terms of the HE licence
Extent Limits
How much can be copied?
In relation to students enrolled on a Course of Study, the proportion of a
book, journal or magazine that may be photocopied is subject to the same
extent limits as follows:
Whichever is the greater of:
 5% or one chapter of a book
 5% or one article of a journal issue
 5% or one paper of one set of conference proceedings
 5% or one case of one report of judicial proceedings
 5% of an anthology of short stories or poems or one short story or
one poem of not more than 10 pages.
Photocopying
The CLA Photocopying
Licence
Permits:
 University registered staff and students to photocopying multiple copies
from most books, journals & periodicals published in the UK, USA and 28
other countries
 Within the licensed extent limits
 For educational/ non-commercial purposes & (under certain
circumstances, commercial purposes)
 To be prepared and distributed with reference to students enrolled on a
course of study and to the tutor delivering the course
 Licence does not cover photocopying for personal use.
Licence Requirements
Checklist (Photocopying)
 Check University owns an original copy
 Check excluded works/ categories list
 Check extent limit
 Make sure you always acknowledge the
source.
Scanning
The CLA
Scanning Licence
Permits:
 Authorised scanning from most books, journals & periodicals published in
the UK & USA
 Within certain limits
 For educational/ non-commercial purposes & (under certain
circumstances, commercial purposes)
 To be prepared and distributed with reference to students enrolled on a
course of study and to the tutor delivering the course
 Licence does not cover scanning for personal use.
Who can authorise the preparation, digitisation
and distribution of scanned extracts for a
Course Collection?
Designated persons located in each
school nominated by the University
Will ensure creation of digital copies is
done in accordance with the
requirements of the licence.
INSRV will keep up-to-date records of
who the Designated Persons are at
Cardiff University.
Copyright Notice
All Digital Copies must contain a
Copyright Notice in a prominent place.
Schedule 3 CLA Copyright Notice
Generally the Copyright Notice should be scanned
as part of the item, so that it forms the first page
e.g. of a PDF file.
Licence Requirements
Checklist (Scanning)
 Check University owns an original copy
 From material published in the UK and USA
 Check excluded works/ categories list
 Check for existing digital version
 Check extent limit
 Complete data reporting sheet
 Review content regularly
Distribution of scanned extracts
 VLE - Blackboard
 CD-Rom
 E-mail (single instance)
 PowerPoint Presentations
Must not
 World Wide Web
Data Reporting
All Designated Persons must
compile bibliographic and
course based details for each
and every Digital Copy
created under licence on a
Digital Copy Record Sheet.
CLA Data Recording Form
Housekeeping
Review of digitised
documents should be
invoked at least once a year
and, more frequently, where a
course of study runs for less
than twelve months.
Compliance Audit
The CLA will occasionally visit Cardiff
University to carry out a compliance
audit reviewing all content scanned
under licence.
Stop! Think: ‘Is this OK to copy?’
Contact INSRV Copyright Unit
Advice
Guidance
Information
Leaflets
Posters
Forms
Ext. 79033 or 74214
[email protected]
www.cardiff.ac.uk/insrv/copyright