Copyright Licences Held by Middlesex University

 

      Literary / Dramatic  - CLA (Copyright Licensing Agency)
      Newspapers  - NLA (Newspaper Licensing Agency)
      Artistic   - DACS (Design and Artists Copyright Society)
      Music       - PRS for music
      Broadcast / Video  - ERA (Educational Recordings Agency)
      OU Programmes - OUW (Open University Worldwide)
      Maps   - OS (Ordnance Survey)
      British Standard - British Standards Institution Licence
      Official Documents - OGL Open Government Licence for Public Sector Information(formerly OPSI, HMSO)
      Digital / Electronic  - E-Resources
      Other - Creative Commons(CC)

       

             
         NB: When reproducing Third Party material,
      Full bibliographic reference, details of origin and date must be attached
              to ALL copies made, and a statement to the effect:
              "This material has been reproduced under the ___________ Licence and may not be further copied without permission."

       

      CLA (Copyright Licensing Agency)
       

        The CLA HE Photocopy and Scanning Licence covers most print based works, published in the UK and various International Territories. Only certain publishers participate in the CLA Licensing scheme, therefore please check the relevant UK or International Excluded Works Lists.

        The Licence only permits copying/scanning from original print publications owned by the University i.e. in the main Library collection or school/departmental collections.

        If the University does not own an original publication, a British Library 'Copyright Fee Paid' copy, should be ordered for the main Library collection via LR 'Inter-Library Loans' to facilitate photocopying/scanning under the licence.

        Limitations of this Licence are:

        No more than

        • one chapter from a book
        • one article from a journal or periodical
        • one single case report from a Law Report
      or
        • No More than 5% of a given work, whichever is the greater.


      A poem, short story or short literary work is regarded as a work in itself, and may not be copied in its entirety under Section 29 of the Copyright Designs and Patents Act, but a maximum of 10 pages may be copied under the CLA Licence.

      Photocopying or scanning of pages that consist of text only, images only (e.g. illustrations/diagrams, photographs or other visual creations), or a combination of both are permitted under the licence

         

        The CLA Licence does not cover:
         

        • Works published outside mandated countries
        • Works specifically excluded either by special notice or listed in the
                  CLA's 'Excluded Categories and Works Lists (only available via the CLA website).
        • Printed Music, including words
        • Newspapers
        • Maps, charts
        • Privately owned documents
        • Workbooks, workcards or assignment sheets
        • Multiple photocopying performed outside the UK
        • Unpublished Material
        • Publications where the rightsowner has expressly and prominently prohibited copying under a CLA Licence
        • Digital Material e.g. Internet content and Electronic Publications/Resources (a separate CLA Licence that Middlesex do not subscribe to).

          - Scanning

          This licence also enables the digitising/scanning of licensed print material for electronic delivery to students on designated courses/modules over a secure network (i.e. OASISplus)

          However, only certain UK and international publishers/publications are mandated for scanning. Therefore please check the relevant Excluded Works and International Territories Lists.

          The main requirements of the CLA Scanning Licence are;

        • Scanning must be performed by a designated person (no limit in how many persons and not named but posts specified
          • Electronic copies must retain the integrity and appearance of the original document.
          • If an electronic version of the required item is commercially available, a valid reason for our wish to scan must be given to the CLA. (Budgetary constraints is an acceptable reason)
          • Each copy of a document must have attached a copyright notice. (see instructions if unsure how to do this)
          • Scanned material must be accessible only to students registered on the specified module/s and affiliated staff via a secure network.
          • All scanning must be reported to the CLA annually (initially to the Copyright Officer on a CLA Data Record Sheet, to collate information from all areas, into 1 main report).
          • The CLA Compliance Unit will require access to electronic module readers for auditing purposes.
          • Compiling chapters from texts to avoid the purchase of a core text (known as cherry-picking is discouraged as it is deemed acting contrary to the spirit of the licence.


        N.B. Permission must be sought from the rightsowners for any copying/scanning falling outside the licence.

      NLA (Newspaper Licensing Agency)

      The NLA Licence now covers photocopying from all the National UK Newspapers. We are also licensed to photocopy copy from:

    Regional Papers

      Enfield Independent
      Hendon Times

      US Newspapers

      Wall Street Journal Central Edition

      Other Foreign Newspapers

      Le Figaro (France)
      Le Monde (France)

      A full list of all participating newspapers is available from the Copyright Officer or the NLA website. Prior to copying from any newspapers not covered by the University licence, permission must be sought directly from the Newspaper.

    • There is a maximum of 250 photocopies of one item that can be made at any one time.
    • The current licence does permit copying of photographs and images within an article where the photographer has not retained copyright..
    • Advertisements, are also included in the new licence.
    • Linking for University purposes is permitted.

      However, still excluded are:

      • Copying articles where the original Author has retained his/her copyright i.e. freelance journalists(these items would normally carry a copyright statement to this effect). Permission would need to be sought from the originator.
      • Copying from online newspapers, but linking to articles is permitted.
      • Systematic copying and distributing (press cuttings). Systematic copying must be reported to the NLA on a survey report but is currently not included in the University Licence. (please contact the Copyright Officer if you require this option)

    The NLA also offer a digital licence which enables licensed material to be scanned to which the University has not subscribed due to costs and the availability of Online Newspapers and past papers via our e-subscription to the Newspaper Database Proquest.

     


    DACS ( Design and Artists' Copyright Society)

    The DACS Licence is held at the LRC at Cat Hill and effectively allows the University to hold a limited slide collection of artistic works for educational purposes. (Annual subscription, requiring report of additions)

    DACS are currently considering the introduction of a digitisation licence but there have been no developments to date.

    DACS are now in collaboration with the CLA and NLA to faciliate the inclusion of images/artistic works in copying/scanning from within licensed publications.

    PRS for music

    The performing rights licence allows public performance of music, including broadcasts in public places (Annual subscription, requiring report of additional venues)

    This licence is administered jointly by EFMS for marketing/school/sports events and Chartwells for Student entertainment events.

    This lIcence does not cover general playing of music in lecture halls.

    For the use of short excerpts of music MCPS offer a licence to permit the use of clips

    LOEL (Limited Online Exploitation Licence)

    ERA (Educational Recordings Agency)

    The ERA Licence covers recording of all UK Terrestrial TV and Radio Broadcasts (except feature films and Open University programmes)

    All recordings, or copies of recordings must be clearly and appropriately labelled with the four following items:

    • Date (when the recording was made)
    • Name of the broadcaster
    • Programme title
    • The wording 'This recording is to be used only for educational and non-commercial purposes under the terms of the ERA Licence'.

    A log should also be kept of all recordings or copies made under the licence for ERA survey purposes.

      Educational establishments may record copies of any radio or TV programmes either at the school or from home.

      Further copying for additional stock, backup or reformatting, is also permissible under this licence provided each copy is labelled as above.

      Recordings may be lent to staff and students within the UK.

      Copies may be borrowed from or lent to other ERA licensed institutions in return for a blank tape/CD.

      Extracts for use in projects are also permitted providing they are not altered or amended in any way.

    Extracts may not be used as part of a public performance.

    Recordings stored digitally on a server should include the above four details as a written opening credit or webpage which must be viewed or listened to before access to the recording is permitted.

    N.B. Following the implementation of the EU Copyright Directive into UK Law, all licensed recordings may only be communicated to registered persons (i.e. staff and students) situated within the premisesof the University. Therefore recordings cannot be made accessible via OASIS, Web CT or any other web based means.

      This Licence does not cover:

      Open University programmes which have their own specific Licence (see below)

      Until a Licence is in place, overseas cable & satellite programmes may be recorded free for educational purposes under the CDPA 1988 (s.35) 'Fair Dealing' defense for education. 

      Internet catch-up services i.e. BBC iPlayer, 4oD, ITV Player etc. are excluded from the licences and the Act (CDPA 1988) as they are not technically 'broadcasts'. Terms & Conditions will dictate permitted uses.

    Purchased videos are protected by contract law, laid down by the vendors which specifically prohibits any copying or lending. However, if a video is purchased by a Library as opposed to an individual, the implication is that the video will be lent to patrons, as that is the main function of  Libraries. Therefore, the fact that the video was freely sold to the Library would suggest that the lending exclusion in the contract does not apply to Libraries.

    OUW (Open University Worldwide Ltd.)

    Under the OUW Licence, Open University programmes must be recorded in their entirety. Recording extracts is not permitted.

    This off-air recording service is no longer provided by Middlesex AV dept.

    All recordings, or copies of recordings must be clearly and appropriately labelled with the following items:

    • Date (when the recording was made)
    • Name of the broadcaster
    • Programme title
    • The wording 'This recording is to be used only for educational and non-commercial purposes under the terms of the OUW Licence'.

    Each recording must be logged with the Library as payment is required annually, calculated by the number of programmes recorded and how long each one is kept.

    Up to 4 additional copies of each recording may be made under the OU licence without requiring further payment. Copies exceeding this number must be reported and are subject to additional fees.

    BBC and Open University have introduced an online service called Open2.net  which permits certain uses under a creative commons licence to OUW Licensees.

    OU videos can be accessed online via the ‘BBC/OU Open2.net’ open access site at: http://www.open2.net/creativearchive/azlisting.html

    Under a ‘Creative Archives licence’ the recordings can be viewed /downloaded strictly for non-commercial use by individuals or educational establishments.

     

    E-Resources

    Middlesex University subscribes to many electronic materials including Journals, Books and Databases. The access and use of these resources is governed by the particular terms of each licence/subscription agreement, not by copyright law. Therefore, before providing copies, or direct links to e-resources, please refer to the terms of use or check with your subject laison librarian. Most agreements permit linking to the database but terms may vary whether they permit a direct link to an article or a link only to the search page.

     

    Creative Commons (CC)

    Creative Commons is a licensing model which enables copyright owners to permit certain pre-determined uses of their materials which would otherwise be prohibited under copyright law. This is done by attaching certain symbols to the work, which indicate that particular uses are acceptable e.g. Not for profit copying, redistribution, republishing etc.

    There are many Creative Commons licensed works available on the internet via sites such as Google, Yahoo, Flickr (images), blibTV (video), jamendo (music) and SpinXpress (media) etc. by searching the Creative Commons site at: http://search.creativecommons.org./

     

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