Copyright
Guidance Notes for staff and students of the College - March 2005
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Exclusions from the College's Copyright Licensing Agency's Licence |
Incorporation of Copyright Material in Teaching Materials |
1. Introduction
It is essential that all members of the College are aware of and observe copyright
law. Copyright protects the livelihood of the creators of literary, dramatic,
artistic, musical, and other works. Copyright law prohibits copying, except
under specifically defined terms and conditions, and copyright infringement
will create a right to be sued for damages. Members of the College carry personal
responsibility for infringement of copyright law. Copyright works include print,
maps, plans, software, sound, video and other recordings.
The Copyright, Designs and Patents Act 1998 gives authors and other copyright
owners the right to authorise the reproduction of their works. It also specifies
powerful penalties for copyright infringement. The recent Copyright
and Related Rights Regulations 2003 (SI 2003/2498) implements the EC Directive
passed in June 2001 and changes some elements of the law.
Advice and help on copyright matters is available from
the Head of Library Services.
2. Fair Dealing
"Fair Dealing" concerns the rights of an individual to make single copies for non-commercial research or private study. Private study is undefined but excludes any study which is directly or indirectly for a commercial purpose and group or class study. Fair dealing for private study does not apply to sound recordings, films or broadcasts.
Use of material for criticism or review is permissible under fair dealing only if the work has been previously made available to the public. There are also conditions of acknowledgment attached.
News reporting is subject to the same treatment as material for criticism and review but excludes photographs and the work does not have to have been made available to the public.
"Dealing" in this sense is a form of generalised behaviour which would not unfairly deprive rights holders of a reasonable financial return on their intellectual property.
The amounts of copying which are conventionally accepted to be permissible within the "fair dealing" provision are as follows:
Book/pamphlet/report:
- 4000 words (about 10 pages) as one extract
or
-
8000 words (about 20 pages) as a series of extracts (each individual extract not more than 3000 words) provided that the extract taken does not exceed 10% of the whole work
Periodical issues:
-
one article from any one issue
3. Copyright Licensing Agency
The College holds a Licence issued by the Copyright
Licensing Agency. This permits a limited amount of copying by staff and
students ("authorised persons"). "Authorised Persons" are
defined as "recipients of instruction individually or collectively from,
and all staff employed by, the College, including all recipients of instruction
in short-term courses which are delivered on a cost recovery basis and in return
for a fee".
The College must notify the CLA annually as to the number of students studying
via distance learning and non credit bearing courses so that additional charges can be applied for such groups. HESA returns are used for this purpose.
Licensing conditions include the following: Copies may not be digitised or stored electronically in a computer. If multiple copies are made the number must not exceed the number needed to provide each individual student and lecturer in a group with one copy. Members of staff may charge "authorised persons" for copies - at a price which recovers the cost of production.
Copies which are made or distributed should not exceed the following limits:
in the case of a book - one complete chapter
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one whole article from an issue of a serial publication
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an anthology of short stories or poems - one story or poem not exceeding 10 pages in length
The former requirement to obtain specific clearance for "course packs" no longer applies. Therefore Course Packs are no longer subject to additional clearance or payment requirements.
However, it is important that members of the College take care to ensure that individual items included in Course Packs remain within the set limits of copying imposed by the Licence, and also avoid creating Course Packs which can be shown to be substitutable for a published work, especially an undergraduate textbook (e.g. a compilation of articles and extracts which materially follows a published compilation).
Copying limits are as follows:
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no more than one complete chapter from a book
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no more than one article from an issue of a periodical or set of conference papers
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in the case of an anthology of short stories or poems - one short story or poem not exceeding 10 pages in length
The number of multiple copies of any one item made must not exceed the number needed to ensure that each member of a College group has one copy only.
The Licence permits the making of "copies from copies" provided that the College owns
-
an original published edition of the book, looseleaf work, law report, periodical or journal concerned
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a copy supplied by the British Library or another copyright fee-paid document supply service with the original cover sheet of the document delivery service attached
-
there is written permission from the relevant rightsholder for such copying.
or
or
4. Exclusions from the College's Copyright Licensing Agency's Licence
The Copyright Licensing Agency produces lists of material which may not be copied under the terms of the prevailing Licence. Such information is provided near photocopiers throughout the College, or it can be obtained from the Head of Library Services.
Categories of Excluded Material include the following:
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printed music
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maps, charts or books of tables
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texts of public examination papers
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workbooks, work cards and assignment sheets
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privately owned documents issued for tuition purposes and limited to clientele who pay fees
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bibles, liturgical works, orders of service
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industrial house journals and other free publications primarily for employees of commercial businesses, industrial undertakings or public services
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any work on which the copyright owner has stipulated that it may not be copied under licence
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works published outside the Mandating Territories
5. Copying for partially-sighted persons
In the Copyright (Visually Impaired Persons) Act 2002 (implemented 31st October 2003), a Visually impaired person is defined as: "one who is blind or partially sighted or who has uncorrectable sight-loss or who has a physical disability which makes it impossible for them to hold a book or move their eyes".
The Act allows a visually impaired reader to have a complete copy of a literary, dramatic or musical work made in any format necessary Braille, Moon, Large Print, audio etc. providing:
the required format is not already available commercially
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the person has lawfully obtained a copy of the original which includes lawful access to the original in a library or archive
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the copy carries a statement to this effect
Multiple copies are also possible as long as:
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they are made by educational establishments or non-commercial bodies
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the work is not available in the desired format commercially
-
the copy contains a statement to this effect
In addition the Copyright Licensing Agency Licence grants free of charge the non-exclusive right (in connection with instruction) to copy Licensed Material in whole or in part so as to reproduce it in the form of enlarged photocopies for partially-sighted students, or partially-sighted staff, under specific limitations. These limitations include:
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the enlarged photocopies are for use by partially-sighted students and staff only
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enlarged copies may not be placed in Short Loan Collections
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at least one copy of the original publisher's edition of the material must have been bought by the College
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the Licensed Material must not be available in large-print format
Electronic storage or transmission of enlarged photocopies is not permitted,
and enlarged material may not be edited, re-published, or sold for profit.
6. Newspaper Licensing Agency
The College holds a Licence issued by the Newspaper Licensing Agency. This permits copying from all the national newspapers and some regional newspapers. A full list of titles is available from the Head of Library Services. The Licence imposes a limit of 250 copies of any one article. It does not permit electronic storage in a computer or digitisation [1]. Copies made under the terms of this Licence should be endorsed with a notice stating "With permission, copied from (title of the relevant newspaper) dated..."
7. Incorporation of Copyright Material in Teaching Materials
Care should be taken over the incorporation of extracts from copyright works in text written for teaching purposes. The use of significant extracts may require specific permission from the copyright holder. When applying for such permission the applicant must allow as long as possible to the copyright owner to consider the application. The licences outlined above cover reproduction of copyright material in its original format only: incorporation of copyright material within text written by members of the College may constitute republication, and as such will not be covered by licensing permissions.
8. Blackboard and Copyright
Please click here for information on copyright issues connected to the Blackboard VLE.
9. Recording of Radio and Television Broadcasts
The College Licence from the Educational Recording Agency permits recording of broadcast or cable programmes under certain limitations. This does not apply to Open University and Open College programmes. (Request for such recording should be made via email to the helpdesk at Ambleside, Carlisle and Lancaster.)
10. Ordnance Survey Licence
This permits (for educational, research or teaching purposes):
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copying of Ordnance Survey maps
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use of digital mapping showing up to ten 200 sq cm bitmap images on the College web site
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copy mapping as a location map in a prospectus or brochure
Every reproduction should carry an acknowledgement of its origin.
11. Software Copyright
College Regulations require all staff and students to comply with current UK and European legislation governing copyright and any additional licence terms agreed with copyright licence holders. Software may include computer programmes, packages, data and other information files. The items may be stored on hard disc, CD-ROM or other media.
Heads of Units are responsible for ensuring that software held within their units is stored in a manner which satisfies current copyright regulations. They are also responsible for ensuring that their units' staff members receive up-to-date information concerning software held within the unit and the associated copyright or licensing regulations.
Individual staff members are responsible for ensuring that software is used within the terms of copyright regulations. Software should not be copied unless staff can demonstrate that this action is approved by copyright holders. The use of software on a network is prohibited, unless an appropriate licence or permission is held, and adapting software is similarly prohibited.
Students should be aware that the copying of software is illegal in many circumstances. Restrictions may apply to the use of software beyond the confines of the College. Copyright restrictions may limit the use of software packages, databases etc to staff and students of the College only. This restriction may particularly affect the use of College-purchased software in schools or other non-College institutions.
Margaret Weaver
Head of Library Services
March 2005
(Please note that these are Guidance Notes only and are not a substitute for legal advice.)
1. The College holds a separate CLA Digitisation Licence which allows digitisation to licencees on payment of a fee.