Frequently Asked Questions
Q: How much can I photocopy for my students?
A: One chapter of a book or one article from any issue of a journal, or 5% (whichever is the greater)of any CLA licensed publication owned by the university. There is no limit on how many items you cancopy for your students provided they are not from the same publication i.e. the same issue of a journal or another edition of the same book (unless substantially different in content).
If the publication you are copying from is unlicensed, you will need copyright permission from the rightsowner/publisher to make multiple copies.
Q: The University does not own the item I want to copy?
A: Under the CLA licence, we may copy items obtained as Inter Library Loans for the library, either from the British Library as 'Copyright Fee Paid' copies, or from other CLA Licensed Higher Education Institutions for teaching.
Q: If the book is out of print can I copy the whole book?
A: Not without specific permission from the publisher and/or rightsowner. 'Out of print' does not mean 'out of copyright'. Publishers copyright in the typographical arrangement lasts for 25 years from the date of publication and they may also own the copyright of 70 years from the year of death of the author if assigned to them under contract.
Q: Can I include external material in an exam paper e.g. diagrams, case studies, data?
A: There is an exception for examinations in the law (s.32(5)CDPA 1988) which allows anything to be done for the purpose of setting, communicating or answering an exam question provided full acknowledgement is given where practical i.e. if the nature of the question is not e.g. Who wrote?.....or Where is this from? etc. Any further use e.g. inclusion in a course reader or on a VLE, of the exam paper or answer/assessed coursework/dissertation/artwork e.t.c will require the third party material to be masked or removed.
Q: Can I place a photocopy in the Photocopy Collection for students to access and copy for themselves?
A: You can place items in the photocopy collection for students to copy if the item is taken from a CLA or NLA Licenced publication owned by the university and students have not already, or will not be receiving an additional copy i.e. students must not ultimately have received more than one copy. If the item is owned by the university but unlicensed, a copy may be placed in the collection under the 'Library Privilege' provision of Copyright act (s.42n CDPA 1988) but cannot be copied further.
Q: But the University doesn't own the Publication that the item is from. Can I place my own personal copy in the collection?
A: If the University does not own the publication, a copy can be obtained from the British Library Copyright Fee Paid service, or from another CLA licensed institution. Further copying is allowed under the CLA licence for copies obtained via these sources. Photocopies from personal collections cannot be included unless they are donated/sold to the library, written Copyright permission is obtained from the rights holder or the item is Copyright free.
- Paternity - The right to be identified as the author/creator (Non-acreditation results in plagiarism).
- The right for the author/creator to prevent derogatory
treatment of his/her work i.e. altering, adapting or any
act that would be seen as prejudicial to the reputationof
Attribution - The right not to have work falsely attributed
to an author/creator
- The right to withhold films or photographs from publication
or to prevent issuing, exhibiting or distributing to the
Q: Do we need to remove material from our collections which were obtained under the CLA Licence, but the publisher is now excluded from the new agreement?
A: Any such material should be removed, or written Copyright Permission obtained from the rights holder.
Q: Can I include third party material in my powerpoint presentations?
A: Material falling within the confines of the CLA Scanning Licence can be included in powerpoint presentations for teaching only, and subsequently included in Oasis. The requirements of the Scanning Licence must be adhered to strictly e.g. only from UK or US Licensed publications, full acknowledgment given, a CLA Copyright Notice attached, the scanning reported to the CLA annually.
Otherwise it really depends on how much is being copied and the context of the use. Two possible types of infringement are committed here by a) the initial copying and b) the public display of the work. The only fair dealing exception in law which may apply here would be for 'criticism or review' (s.30 CDPA 1988) but only if the work is genuinely being criticised or reviewed. However, it would be very difficult to argue this was the true purpose of the copying in a teaching situation. Copying for instruction (s.36 CDPA 1988) would only apply if no licence were in place and only 1% of a work was copied in a quarter year. Artistic including diagrams or images works are excluded from this provision being regarded as complete works.
Q: Can I include material downloaded from the internet on my Oasis Module?
Q: But surely if it's on the internet that means it's in the Public Domain?
A: The term 'Public Domain' only applies where copyright has expired or the copyright owner actively waives his/her copyright entirely. It should never be assumed that an anonymous work has no copyright owner as Copyright automatically exists without the need for assertion.
Q: What are Moral Rights?
A: There are 4 Moral Rights, Paternity, Integrity, False Attribution and Disclosure which unlike copyright, must be asserted.
Q: Can I Link to an item on an external Website?
A: Linking to an external website is not illegal. However, if it is not obvious to the reader that another site has been accessed, it would be regarded as 'passing off' and illegal. Therefore all external links should open in a new browser window, not as a frame within your own webpages.
Q: What about deep linking?
A: Again, deep linking is not illegal but it must be obvious to the reader that an external site has been entered, and which site hosts the information. However, as many sites generate income from the number of hits received to the home page, deep linking is not always favoured. Therefore requesting permission from the site owner is always advised as a matter of courtesy and good practice.
Q: If the University holds Licences to Electronic Databases, can we
a) deep link to the contents
b) cut and paste the item into the VLE?
A: This depends entirely on the individual licence agreement.
a) Some databases allow deep linking whereas other prefer that users are directed to the search page.
Whichever the case, the destination must always open in a new browser window.
b) Most database licences do not allow cutting and pasting as they forbid anything that would effectively
be construed as the creation of an archive or collection. If allowed, full accreditation to the source must be provided.
Scanning under the CLA Licence
Q: My article is covered under the Scanning Licence, what do I need to do now?
A: When digitising, you will need to attach a 'CLA Copyright Notice' to the item and report the scanning to the University Copyright Officer
Q: My article is not covered under the Scanning Licence, what do I need to do now?
A: You will need to obtain permission from the Copyright Owner/Publisher. You may either seek permission yourself or complete a Copyright Clearance Request and send it to the University Copyright Officer. Once you have received permission from the rightsowner/publisher you must attach a 'Copyright Notice' to the item when scanning.
Q: Assuming the University does not own the originals i.e. in the library or departmental collection.
a) Is it OK to borrow the original from elsewhere and copy for the course pack.?
b) What if the original cannot be obtained, only a photocopy supplied either by the academic, by BLDSC, or made previously for some other purpose.
A: a) The new licence specifically states that only university owned material is covered, however copies can be obtained from another CLA licenced institution (only) for scanning.
b) According to the CLA, copying/scanning from a copy was tolerated only if the original was unobtainable, but should not be normal practice. Copies can only be scanned if obtained from another CLA Scanning Licenced institution or the British Library 'Copyright Fee Paid Service'.
Q: How do we obtain clearance for US Publications?
A: The CLA have an agreement with their US counterpart, the CCC which covers certain publishers for which there is a listing on the CLA Website. All other overseas published materials are excluded from the scanning licence. If the publisher you particularly need is not covered we will need to apply to the rights holder direct. You may either seek permission yourself or complete a Copyright Clearance Request and send it to the University Copyright Officer. Once you have received permission from the rightsowner/publisher you must attach a 'Copyright Notice' to the item when scanning.
Distance Learning/Overseas Campus Students
Q: Can our overseas students access our resources?
A: As long as students are registered with the university they are covered under the CLA Licence as distance learners and can access any material digitised under the CLA Scanning Licence or receive photocopies under the Blanket Photocopying Licence, provided the scanning/copying is performed in the UK.
However not all licences allow overseas accesss.
The 'ERA Off Air Recording Licence' only allows access from University premises within the UK, and the Electronic Database licences vary considerably in what is or is not permitted.
Q: Can our overseas students obtain inter-library loans?
A: We can either provide our students with British Library copies, or the student or overseas campus library can order direct from the British Library's online service.