Introduction and Background
1 HE TRIAL LICENCE (PHOTOCOPYING & SCANNING)
1.1 Why we need this licence? The Trust needs a special license in order to provide students with electronic study packs and multiple paper copies because this is not permitted under the “fair dealing” or “library privilege” exceptions or unless permission is obtained from the owners of the copyright. The Higher Education Institution (HEI) Trial Licence has been developed between HEI representatives and the Copyright Licensing Agency (which represents authors, artists and publishers) to enable institutions to provide scanned digital or multiple paper copies of works covered by the Licence to students enrolled on a course of study at an HEI. In order to be eligible to take out the HE Trial Licence an institution must be a member of Universities UK /Guild HE. The Trust is a member of Guild HE.
1.2 Digital versus Paper to Paper Copying Although the licence permits scanning and paper to paper copying of licensed materials, please note there are additional restrictions and obligations attached to the creation of digital copies. Accordingly digital and paper to paper copying are dealt with separately in these guidelines.
1.3 Geographical Area covered by the Licence Paper and digital copies may only be made within the United Kingdomby designated staff although they may be distributed/accessed overseas by authorised users.
1.4 Copyright Licensing Agency (CLA) Surveys/Compliance Audits To ensure institutions are complying with the licence and that licence fee income is fairly distributed the CLA selects HEIs to participate in photocopy surveys and digital compliance audits. It is one of the conditions of holding the licence that the Trust agrees to participate in these surveys and audits.
2 WHO IS COVERED BY THE TRIAL LICENCE?
2.1 Students on taught post graduate credit bearing courses and students enrolled on non-credit bearing courses at the HEI.
2.2 Staff including course tutors, lecturers, supervisors and administrative staff at the HEI.
2.3 External examiners and assessors.
3 WHO IS NOT COVERED BY THE HE LICENCE
3.1 NHS Staff - The terms of the licence do not extend to NHS members of staff based at the Trust unless they are tutors/students on HE courses at the Trust which are covered by the licence (see HE/NHS interface section).
3.2 Visitors to the library.
3.3 External fee-paying library members.
3.4 Retired members (unless also visiting tutors/examiners).
4 WHAT CAN BE COPIED UNDER THE TRIAL LICENCE?
4.1 Originals/Copyright Fee Paid Sources only
The licence covers the making of both paper and digital copies of licensed materials. These copies must be made from original books/journals owned by the library, or from copyright fee paid articles/chapters obtained from the British Library.
Copies may not be made from:
Interlibrary Loans
Review copies
Off-prints
Personal copies (unless extenuating circumstances see below)
Exceptions - The only exception to this is if the source book or journal can not be purchased from a retail outlet or a copyright fee paid extract obtained from the British Library. In this case a personal copy may be used but the library (study pack manager/licence coordinator) should retain written evidence of substantial attempts to acquire the source item to produce to CLA if required.
4.2 Images/Text The licence covers images as well as text or a combination. Images should not be manipulated apart from the disembedding of a part page image.
4.3 Commercially-funded research Under certain circumstances the licence permits limited copying for commercially-funded research purposes. Anyone wanting to make multiple copies or scan as part of their research work must always check with the library first.
5 DIGITAL COPYING (SCANNING)
5.1 WHAT CAN BE SCANNED?
The licence covers the scanning of printed books, journals and magazines published in the United Kingdom. A printed book, journal or magazine is regarded as published in the United Kingdom if the publisher's details as printed on its title pages include a UK location and / or address.
5.2 WHAT CAN NOT BE SCANNED?
5.3 Born digital sources - The licence does not permit copying from born digital sources, that is electronic books, journals, magazines.
5.4 Excluded Categories & Excluded Works - Please note that works included in the lists below may not be scanned. These lists are subject to amendment on a regular basis and the study pack manager/licence coordinator should always check these lists before approving the scanning of an extract.
5.5 HOW MUCH OF A WORK CAN BE SCANNED?
5.5.1 up to 5% or one whole chapter (whichever is the greater) from a book
5.5.2 up to 5% or one whole article (whichever is the greater) from a single issue of a journal
Please note that in the case of a themed issue or supplement which consists of one article then the whole issue or supplement may be scanned.
5.5.3 up to 5% or one paper (whichever is the greater) from a set of conference proceedings
5.5.4 up to 5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages (whichever is the greater)
5.5.5 up to 5% or one single case (whichever is the greater) from a published report of judicial proceedings
5.6 COPYRIGHT NOTICE Each digital copy must have a cover sheet showing the course information and bibliographical details of the extract and including the form of words relating to copyright set out in Schedule 3 of the Trial Licence:
http://www.cla.co.uk/support/he/HE_TrialPhotocopyingandScanningLicence.pdf
5.7 SECURITY The licence requires that all scanned items must be held securely and password protected to ensure that access to digital course readings is restricted to “authorized persons” that is tutors/examiners/regulatory bodies and students on a specific course or designated Trust staff.
5.8 ACCESS PERIOD The licence requires access to electronic readings to be restricted to the current academic year or the duration of a course if less than a year. Students must therefore download all electronic readings before the end of their course or the academic year as appropriate or they will lose access to them. The academic year is defined as ending on 30 September.
5.9 WHO CAN DO WHAT
5.9.1 Students - The licence permits all students (including distance learners) enrolled on a specific course of study at the institution to download and print digital copies (one copy only of each extract) from the electronic study pack for that specific course in the current academic year. Students may also use digital copies in conjunction with presentation software such as powerpoint for lectures/seminars as long as the copyright notice is displayed.
Students may not forward digital copies to other students on the same or other courses or to any other body or individual. Students are not permitted to create digital copies.
5.9.2 Course tutors, lecturers, supervisors and examiners are entitled to download and print out (once only) digital copies of readings from the electronic study packs for the courses they teach/supervise/assess in the current academic year only. Staff may also use digital copies in conjunction with presentation software such as powerpoint for lectures/seminars as long as the copyright notice is displayed..
5.9.3 Designated Staff – Authorisation to prepare Digital Copies
Digital copies may only be made and distributed by designated persons appointed by the HE Trial Licence Coordinator: Designated persons are authorised to forward readings by email to course users in the event of technical problems accessing the virtual learning environment.
Designated Staff:
Virtual Learning Environment Manager – Angela Douglas
Electronic Study Pack Manager - Helen Oliver
Licence Co-ordinator – Lise Szwann
Study Pack Co-ordinator – Karma Percy
Study Pack Technician – Abdul Jhavary
6. PHOTOCOPYING (Paper to Paper copying)
6.1 WHO CAN DO WHAT?
Students, course tutors, lecturers, supervisors, examiners or the institution’s administrative staff can photocopy from originals owned by the library subject to the limits below. Multiple copying is permitted but there are restrictions (see section on multiple copying below).
6.2 HOW MUCH CAN BE COPIED?
6.2.1 up to 5% or one whole chapter (whichever is the greater) from a book
6.2.2 up to 5% or one whole article (whichever is the greater) from a single issue of a journal
Please note that in the case of a themed issue or supplement which consists of one article then the whole issue or supplement may be copied.
6.2.3 up to 5% or one paper (whichever is the greater) from a set of conference proceedings
6.2.4 up to 5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages (whichever is the greater)
6.2.5 up to 5% or one single case (whichever is the greater) from a published report of judicial proceedings
6.3 MULTIPLE PHOTOCOPIES
Course tutors, lecturers, examiners and regulatory agencies can request multiple copies of extracts to be made providing these readings aren’t already on course reading lists.
For example, if a tutor suddenly decides they wish students to read an extract that is not on a course reading list it is permissible for a copy of this extract to be made for each enrolled student and the tutor. This is known as an “ad hoc” copy. The copying quantity limits listed above apply.
Ad hoc copies are made by the staff in the general office. Tutors wishing to make copies of extracts need to complete a form to allow the source item out of the library and have the book/journal issued to the general office
Important: The licence does not permit repeated copying of the same licensed material by the same set of students in the context of any one course of study (see 3.5 of the HE Trial Licence). To ensure this does not happen the making of multiple copies of extracts that appear on reading lists is not permitted neither is the copying of extracts that are part of electronic study packs.
6.4 WHAT CAN BE COPIED?
Multiple photocopies of extracts can only be made from books, journals, periodicals, conference proceedings and law reports published as follows:
6.4.1 in the United Kingdom unless included on List of Excluded Categories and Excluded Works For up to date information please check HE Trial Licence Guidelines Section B on the CLA website:
http://www.cla.co.uk/support/he/HE_TrialLicence_UserGuidelines.pdf OR
6.4.2 By publishers included in the List of Participating publishers . For up to date information please check HE Trial Licence Guidelines Section B on the CLA website:
http://www.cla.co.uk/support/he/HE_TrialLicence_UserGuidelines.pdf OR
6.4.3 By publishers included in the List of Mandating Territories. For up to date information please check HE Trial Licence Guidelines Section B on the CLA website:
http://www.cla.co.uk/support/he/HE_TrialLicence_UserGuidelines.pdf
7 ACCESSIBLE COPIES FOR DISABLED USERS
7.1 Under the licence accessible copies in any format required may be made for use by disabled users. This covers users defined as visually impaired in accordance with S. 31F(9) of the Copyright, Designs and Patents Act 1988 and users defined as disabled under S. 1 of the Disability Discrimination Act 1995. This includes users with dyslexia. There are no extent limits to copies made for visually impaired/disabled people under the HE licence. This means that several chapters of a book or several articles from the same issue of a journal can be copied (including the entire book or journal issue) and unpublished works (such as theses) may also be copied. There are restrictions however. In order to make accessible copies, the library must:
7.1.1 own a copy of the original work
7.1.2 ensure the licensed material is not commercially available in the required format.
7.2 Ensure the accessible copy carries a statement acknowledging its source, giving the title, author, and edition plus wording to indicate that it has been created for the personal use of a disabled person and may not be further copied or transmitted without permission of the copyright holder.
7.3 HE/NHS HE or NHS? HE/NHS INTERFACE & COPYING
The CLA recommends that in a cross-over situation in a hybrid HE/NHS library such as ours, “common sense” should prevail. Most library members here are covered by either the HE or the NHS license and many by both. Copying should comply with the licence appropriate to its context.
For example, students enrolled on registered courses here are covered by the HE licence and should not copy more than one article from a single journal issue but clinicians working here are covered by the NHS licence and can copy two articles from a single journal issue. However, the students may also be NHS employees, many are, and are thus entitled to copy two articles from a single issue in the context of their NHS work, but in the context of copying for their course they are only entitled to copy one article. It depends on the purpose of the copying.
8 EXCEPTIONS TO HE & NHS LICENCES
8.1 Exceptions to these are external members and visitors. This is because they are not lecturing or registered as a student on an HE-accredited course of study and do not work for the NHS. This doesn’t mean they can’t copy or download anything it just means they must comply with the recommended limits set out on the library’s CILIP posters at copiers and printers.
9 ROLE OF THE LIBRARY
9.1 The library has a legal and professional duty to ensure copyright is respected. However it is simply not practical or desirable for us to police every single user activity . Users already sign a copyright declaration when they register as well as being given ample copyright information in the form of notices at copiers throughout the library, and in our opinion this clearly places the onus to stay legal on them.
For further information about the HE and NHS licence please contact Lise Szwann, Membership & Legal Librarian on ext. 2306 lszwann@tavi-port.org
FURTHER INFORMATION
Higher Education licence
www.cla.co.uk
NHS Licence
www.library.nhs.uk/forlibrarians/copyright
www.cla.co.uk
NHS & HE licence Interface
www.cla.co.uk/licensing/gov/gov_nhs_he.html
General Copyright Information
www.bl.uk/services/information/copyrightfaq.html
www.cilip.org.uk/professionalguidance/copyright/
