The HE Copyright Licence 2002

Main terms of the Licence.

The terms of the new copyright Licence were published, last year. Below is a list of the main points for staff to note:

  • The restriction on course pack copying and the requirement to get CLARCS clearance has been lifted. The Blanket Licence allows for multiple copies (no more than 1 per student and 1 for the lecturer) to be made and handed out to students.
  • Copies may be sold to students at a price set to cover production costs, not at a price intended to make a profit.
  • Unpublished materials, including theses and dissertations, are not covered by the licence and it is advisable to check with the licensing co-ordinator before making copies.
  • Artistic works are now also included in the licence - including book illustrations, graphs and charts, whether full page or embedded within a page.
  • Copies can be made away from the HEI's premises by the authorised persons or on their behalf, e.g. at a placement school or hospital, or a place of work.
  • Distance learners, defined as those engaged in a course of study "designed to be studied away from the 'Licensed property' and including those overseas, are now included in the blanket licence. However they will be counted as a single FTE in the calculation of the HEI's licence fee.
  • A 'course of study' is defined as 'any course of study or any segment of a student's studies which is normally regarded by the HEI as a discrete and self-contained unit for the purposes of examination or assessment, and which as such would normally carry an overall mark or value counting towards the student's final qualification'.
  • If HEI's wish to photocopy outside the scope of the licence, they should try to obtain permission through CLA, but there is now no obligation for the CLA to operate CLARCS for the purposes of clearing copyright on print resources beyond the limits of the licence. You may now need to approach the rights holder directly for permission.

Implications for Short Loan collections.

Copyright fee paid "master" copies of articles or book chapters may be added to short loan for copying by groups of students. When providing copies for such use the following provisions apply:

The institution must own an original published edition of the book, loose leaf work, law report, or journal

  • OR a copy to have been supplied by the British Library or other similar service, with copyright fee paid. The supplied copy must be kept with the original cover sheet. (This would be kept by the Library)
  • OR permission has been granted by the copyright holder - the original document granting permission must be kept. (Note : for published articles, copyright does not necessarily remain with the author)
  • Photocopies from one publication must not exceed one chapter from a book, or one article from a single issue of a journal or a set of conference proceedings. From an anthology you may copy one short story, or poem, not exceeding 10 pages. From a published report of judicial proceedings you may copy the entire report of a single case
  • There is no longer the need to have cover sheets giving full details and copyright permission.

Copying for partially sighted persons.

  • Licensed material can be copied "in whole or in part" in the form of enlarged copies for use in instruction for partially-sighted students and staff.
  • The enlarged copies may only be used by partially sighted students or staff.
  • No enlarged copies can be placed in a Short Loan collection.
  • At least one copy of the original must have been bought by the HEI, and be available to other students.
  • The material must not already be available in large print format.
  • Electronic storage or transmission of enlarged photocopies is not allowed.
  • Enlarged copies cannot be sold or published whether for profit or not.

Categories of excluded material.

  • Works within the following categories may not be copied under the Licence.
  • Unpublished works
  • Printed music (including words)
  • Maps, charts, or books of tables
  • Texts of public examination papers
  • Workbooks, work cards and assignment sheets
  • "Privately owned documents issued for tuition purposes and limited to clientele who pay fees"
  • Bibles, liturgical works, orders of service
  • Newspapers (although the University has a separate licence for these.)
  • In house journals and other free publications primarily for employees
  • "Any work on which the copyright owner has expressly and prominently stipulated that it may not be copied under this licence"
  • Works published outside the mandating territories (UK , Denmark, Finland, France, Greece, Germany, Ireland, Iceland, Netherlands, Norway, Spain, Sweden, Switzerland, South Africa, Canada, Australia, New Zealand.) On the CLA Web site there is a list of US publishers who do participate in a reciprocal agreement with the CLA.

Links.

The Copyright Licensing Agency FAQ.