Copyright Considerations for Staff in Relation to Teaching and Learning

As mentioned in the Introduction, the Copyright Licensing Agency's (CLA) Higher Education licence is particularly aimed at providing material to cohorts of students on particular "courses of study", i.e. modules. As such, it is permitted, within set limits to make multiple copies of a chapter from a book or an article from a journal, etc, for the use of all students on a particular module and for the tutor.

CLA set limits on copying

Whichever is the greater of 5% or:

one chapter of a book
one article of a journal issue
one paper of one set of conference proceedings
one report of a single case from a report of judicial proceedings
one short story or one poem of not more than 10 pages in an anthology of short stories or poems

It is also permitted to charge students for the production costs, but not in order to make a profit. The scanning aspect of the licence permits designated staff to scan a chapter, an article or an image and to make it available, on a secure network, to the students on a particular module. The Library Digitisation Service scans course readings under this licence on behalf of academics and then makes the resulting documents available to students via Blackboard.

User guidelines (PDF) are available to support this licence. Please note that UWE has signed up to the Photocopying and Scanning HE Licence and not the Comprehensive Licence.

Certain jurisdictions and publishers are excluded from the licence, e.g. the scanning part of the licence only covers material published in the UK and the US (with some exclusions). There are excluded works lists for the photocopying and scanning sections of the licence so it is advisable to check the CLA Web site for such detail, or ask Library staff for help with this.

Conditions on use of electronic content

The Library subscribes to numerous full text journals through deals that have been negotiated on behalf of HE with the publishers. Some publishers/services permit the use of their content for study packs, inter-library loans, Braille, etc. Please note that it is your responsibility to check the licence conditions (often called Terms and Conditions) when accessing the services' own sites. Often the licence is more generous than the copyright legislation and takes precedence.

Please note that certain services have restrictions on access by students studying overseas or those who are on a franchised course. Please check the licence or consult your Subject Librarian for advice.

The Library has also requested permission, and advice, about deep linking to the journal title or article level within publishers' services, e.g. Science Direct, Business Source Premier. The library web page 'How to create links to e-journals' outlines further details about this.

Scanning

The details of any scanning carried out under the provisions of the CLA HE licence must be recorded and submitted yearly to the CLA. The library has established a central scanning/digitisation service that includes collection of such data. It also includes other services that are required to meet the provisions of the licence, e.g.

checking that the material is owned by UWE or obtained through a copyright fee paid service
checking that the material is published in the UK or US and that the publisher is not excluded from the CLA licence
ensuring that the limits on the amount that can be scanned are not breached
ensuring that the University does not already have access to a digital copy
providing a cover sheet containing the relevant material
making the materials available through Blackboard
removing materials, when required.
Reporting data to the CLA

Study packs (print)

Study packs are popular with students as they draw together essential readings. It is possible to charge students for them, but only to cover the production and administration costs.

The following are queries that Library staff have experienced with regard to compiling study packs.

Q. Is it permitted to include a chapter from book that is excluded from the CLA licence?: A. The solution is to contact the publisher direct for (written) permission.
Q. If the book from which a chapter is required is published jointly by several publishers but only one is based in a country covered by the CLA licence, can the chapter be included?: A. Yes.
Q. If a book is published in the US and is not on the list of American publishers that are covered by the CLA licence, but they also publish in the UK, then can the chapter be used in a study pack?: A. Yes, if the copyright resides with the publisher, but if it is still owned by the author, then the author's (written) permission should be sought.
Q. Is it permitted to include 2 chapters from the same book in a study pack?: A. The solution is to write to the copyright holder for (written) permission.

Some materials within the library's subscription e-journal databases are permitted for use in study packs or electronic reserves.

Short loan collections

Not all of the University's libraries have a short loan collection. They exist to provide access to high demand material to full time students on modules with smallish numbers of students. Other approaches, e.g. use of digital material, may be more appropriate for large and distributed cohorts of students.

Q. Are there any restrictions on what can be added to short loan?: A. When adding an item to short loan, the University must own an original published edition of the book, loose leaf work, law report or journal from which it comes. The item must accord with the CLA set limits (see above).
Q. What if the University does not own the item?: A. A copyright fee paid copy can be requested, through the Library's Inter-library Loan Service. An inter-library loan requested for personal use may not be used for short loan purposes. Alternatively, (written) permission could be requested from the copyright holder.
Q. Are students permitted to make copies of items in the short loan collection?: A. Yes, as long as the items have met the requirements mentioned above.
Q. What if more than one article from a journal issue or more than one chapter from a book is required?: A. (Written) permission could be requested from the copyright holder.
Q. Is it permitted to keep duplicate copies of an article in short loan?: A. The CLA licence does not comment on this aspect, but for local housekeeping arrangements it may be prudent for the Library to reduce the proliferation of copies within the collection.
Q. Is it permitted to keep in short loan more than one article from a particular issue of a journal if they are supporting different modules?: A. Yes, but it must be made clear which modules they are supporting.

Writing books that include material for copying and use in class

Q. I am writing a book that includes exercises for students to undertake. Some of these exercises use extracts from published material. What do I need to do to make them legal?: A. Write to the publisher and request permission to include them in your book.
Q. What if I then want the tutors using the book with students to be able to photocopy these extracts?: A. This would normally be covered under the terms of the CLA licence, as long as it is not a publisher who is excluded from the licence and as long as the usual limits (5%) apply.
Q. What if I wish more than 5% of the book to be photocopied by the tutors?: A. You could seek permission to publish the book as a “photocopiable”. For these types of publication permission is granted by the copyright owner for his/her work to be included and the content to be copied irrespective of whether a CLA-type licence is held by the host institution.

Assessments (exams and dissertations)

Q. Can I use copyright material in exams and, if so, how much?: A. Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions.
Q. What happens if I then wish to make available more widely an exam paper or a student dissertation that contains copyright material?: A. There are various options, e.g. remove any “substantial” quotes from the exam papers or dissertations or write to ask for permission to include them. Whatever the solution, it is important to make clear that people do not redistribute, republish or reformat any of this material. If still in doubt, then do not make these documents available to others.

Maps

The University has an Ordnance Survey Educational copyright licence that permits copying of OS maps for educational, research or teaching purposes, for internal use in the University

[NB If the scale is 1:25,000 or smaller, a colour copy must not exceed A4 (625 square centimetres)]

OS maps may be reproduced as location maps in printed prospectuses or brochures, for educational, research or teaching purposes only.

The Library also subscribes to the Digimap service. Copying is limited, so please note the terms and conditions that apply when accessing the resource. This resource is available to staff and students only.

Images

The CLA HE scanning licence allows the copying of illustrations, graphs, charts, etc, whether full page or embedded within a page. However, images may not be scanned with the purpose of making a separate resource base, but have to be made available only for the students on a particular module.

There are many resources that offer copyright free images. These include resource banks of still images and services containing moving images that may be used for educational purposes.

In addition, Bower Ashton houses a collection of slides created under the DACS Slide Collection Licensing Scheme. These can be used for teaching and presentation purposes.

The conditions of use for each of these are normally made evident on entry to the service. Many are for educational purposes only.

Q. What is the difference between copyright free and copyright cleared images?: A. The latter have been cleared by a particular organization, for a fee, and are often available on subscription to an institution.
Q. Is a member of academic staff permitted to copy a diagram from a book and distribute it to all the students on his/her module?: A. Yes, as long as the publisher is included in the CLA HE licence.

For further frequently asked questions with regard to copyright in images, see the Technical Advisory Service for Images Web site.

Off air recordings

The Educational Recording Agency (ERA) permits the recording of programmes from a range of TV channels. In the past, at UWE, most of these have been made available in video format and, more recently, on DVD. It is also now possible to stream these on a secure network and, for example, to make them available through a Virtual Learning Environment. However, at present, the licence only permits streaming within the institution which means that students studying remotely are not allowed access to material distributed in such a way.

The Open University (OU) educational licence is slightly more restrictive in that it does not permit video clips to be streamed via a web site, e.g. for e-learning.

Music

The University has a Phonographic Performance Licence covering the playing of recorded, copyright music, but simply playing musical extracts to a class is also covered by “fair dealing”.

The Brian Culverhouse Collection of classical music recordings is downloadable via Film and Sound Online and available under licence without a fee.

Project Gutenberg has sheet music, MP3 and MIDI files.

Other Sources of information

JISC Online Copyright Activity. This includes twelve common teaching scenarios e.g. ‘Using an image search engine such as Google Image Search’ and ‘Using maps in handouts and presentations’.