Copyright, Scanning and Photocopying: Copyright coverage and responsibilities

No it isn't. Although the University has a responsibility to ensure that we comply with the law, it is the responsibility of the person making the copy to ensure that they do not infringe the law. Posters near all MFDs have a brief explanation of the current regulations.

The Library can make copies, in line with the limits for individual copying, but must charge full cost for this service. As yet, the Library has no mechanism for providing this service.

No, the University holds copies of the following licences. The description only gives an indication of permissions; you should look for more detailed explanations elsewhere in these FAQs.

• Copyright Licensing Agency (CLA) Licence - permission for multiple photocopies of copyright print material
• Educational Recording Agency (ERA) Licence - permission to record broadcast programmes off-air
• Open University Licence - permission to record Open University programmes off-air
• Newspaper Licensing Agency (NLA) Licence - permission to copy multiple copies of extracts from some newspapers
• Open Government Licence - permission to copy many government publications

It is illegal to copy anything that is protected by copyright without the permission of the copyright holder. However, the Copyright, Designs and Patents Acts, 1998 does recognise that this is restrictive in practice and so allows copying of some material without permission under "fair dealing" which allows copying provided:

• it is for personal use, for the purposes of research or private study

• it is for criticism or review

• it comprises no more than:

  • one article from a single issue of a journal, or one paper from a set of conference proceedings

  • a maximum of one complete book chapter from any one title

  • the whole of a poem or short story, not more than 10 pages in length, if contained in a collection of such works in book form no more than 10% of a work

What about copying diagrams, drawings or photographs?

These are covered under a separate clause in the CLA Licence, and can be copied.

Do we have a licence that allows us to make copies of TV and radio programmes?
Yes, we have several. Together they provide permission to:

• record, retain, copy and use radio and television broadcast programmes for teaching purposes. This includes most output from BBC and ITV, under the Educational Recording Agency Licence (ERA). These programmes can be recorded on DVD, Video Tape, Audio Tape, or on a server for network distribution. These programmes can only be shown within the academic buildings of the institution. They cannot be shown at student/staff residences or be used for distance learning if the student is off-campus.
• record programmes of the Open University, under their own licence
• record satellite and cable broadcasts which, currently, are not covered by any licence

This is provided they are for educational purposes, are appropriately labelled, and no charge is made to view the recording. Details of how recordings can be used, or should be labelled, can be obtained from the Educational Resource Centre (ERC).

Under the terms of the Copyright Directive 2001/29/EC copying for any commercial purpose is not allowed, i.e. "fair dealing" does not apply to any copying for commercial purposes.

Although the University is a non-commercial organisation, it is the purpose of the copying which is relevant, not the nature of the organisation making the copies. For example, copying carried out for the purposes of research sponsored by a commercial organisation would qualify as copying for a commercial purpose, and a spin-out company based at the University would count as a commercial organisation. If copying is required for a commercial purpose, a copyright fee will be charged, collected by the Copyright Licensing Authority, then passed on to the copyright holder.

Yes, distance learners are included in the blanket CLA licence, as long as they are recorded in HESA (Higher Education Statistics Agency) data. They are counted as full students, even if they are only part-time, on the grounds that more photocopying is done for distance learners.

Non credit bearing courses are covered by the amended CLA licence, with effect from 1st August 2004.

Yes, but only within clearly defined limits. The CLA licence allows for one copy to be made for each student, and a copy for the lecturer. Copying for class use is limited to:

• one article from a single issue of a journal

• one paper from a set of conference proceedings

• one chapter, or 10%, of a book

There is a list of excluded categories and excluded works – publishers and books which are not covered by the licence – available from the CLA’s web site at: https://www.cla.co.uk/excluded-works

Yes, within the limits of the Newspaper Licensing Agency licence. This allows for up to 250 copies of any one article in paper, fax or acetate format only. The copies must be accompanied by a statement saying it is copied with permission from the newspaper concerned. Copies made under the terms of the licence are limited to educational and internal management purposes only, and cannot be used for sales or promotion or inclusion in other publications.

Yes! The CLA licence now provides the ability to photocopy for course packs.