Scanning, Digitizing & Copyright Clearance
CLA Licence
The University has signed up to the Copyright Licencing Agency (CLA) Comprehensive Higher Education Photocopying, Scanning and Digital Material Re-use Licence (CLA Licence), the term of the licence being 1 August 2008 - 31 July 2011.
A copy of the CLA Licence, CLA User Guidance, CLA Notice for display near photocopiers and scanners and other documentation is provided by the CLA at http://www.cla.co.uk/UUKguildhe_members.php.
The CLA licence covers all students and employees of the University.
In brief, the CLA licence is concerned only with multiple copying of published print materials by means of photocopying or scanning. It permits Faculty to provide their students with:
- photocopies of extracts from books and journals within prescribed limits;
- digital copies from scanned UK- and US-published extracts from print books and journals within prescribed limits.
Under the CLA licence digital copies of scanned UK- and US-published materials may only be delivered to and be accessed by students on a particular course of study for which the materials have been prepared and by means of a restricted password-protected intranet such as Blackboard, or on a CD-ROM, or in a PowerPoint presentation. These materials may only be made available to students on the particular course of study, for the duration of that course, and may not be distributed further.
The University is obligated by the CLA licence to ensure that scanned materials are not stored, or systematically indexed, with the intention of creating an e-library and that they are not posted on any publicly accessed Internet.
To comply with the CLA Licence's strict recording and monitoring requirements for scanned materials, the Scanning Procedures set out below must be followed. The following are mandatory requirements:
- A completed "Copyright Notice for Digital Copies" must be attached to every digital copy made under the CLA licence
- Every digital copy made under the CLA Licence must be recorded and reported to the CLA on an annual basis.
In order to comply with these mandatory requirements the creation of Digitial Copies will be undertaken by the university Library staff.
It should also be noted that not every published work is eligible to be turned into a Digital Copy. The licence allows only UK- and US-published material to be used in this way, and there are a number of items excluded even from this, set out in the 'Excluded US Publishers List'.
The CLA Licence also permits the uploading of e-journal articles and extracts from e-books, within prescribed limits, on a restricted intranet for students on a particular course of study ("Digital Material Re-use"), subject to CLA recoding and monitoring requirements. However, it is recommended that links to e-journal articles (within the databases the Library subscribes to) should be provided to students rather than actual digital copies.
Outside the confines of the CLA Licence, under generally accepted principles of the "fair dealing" provisions of the UK Copyright, Designs and Patents Act 1988, University staff and students may make a single copy of an extract of a literary work (not of a sound recording or a film) for their own individual private study or non-commercial research purposes. The extent of the extract is:
- one whole chapter from a book
- one whole journal article from an issue
- one short story or poem (not exceeding ten pages) from an anthology
- or 5% of any of the above, whichever is the greater
Under this statutory exception the single copy may not be placed on an intranet or the Internet without permission from the copyright owner of the work.
Scanning Procedures
Scanning under the CLA Licence is restricted to the provision of extracts from published print materials (subject to restrictions) to students on a particular course of study via a restricted, password-protected intranet such as Blackboard, or on CD-ROM or in PowerPoint presentations.
Due to the strict recording and monitoring requirements set by the CLA, all scanning under the terms of the CLA Licence must be processed by the Library staff through the University Librarian. Please use one of the forms that are available to submit your request in a timely manner.
Digital copies are provided for use by students on a particular course of study for the duration of that course. At the end of the course of study digital copies must be removed as soon as the teaching, examination and/or assessment of the course of study is completed, unless the same course is likely to be taught in the next term/semester or academic year.
