Copyright Licensing Agency - Cambridge University Library

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Copyright Licensing Agency (CLA) Comprehensive Higher Education
Photocopying, Scanning and Digital Material Re-Use Licence
The University has signed up to the Copyright Licensing Agency (CLA) Comprehensive
Higher Education Photocopying, Scanning and Digital Material Re-Use Licence (‘CLA
Licence’), the term of the licence 1 August 2008 - 31 July 2011.
A copy of the CLA Licence, CLA User Guidelines, CLA Notice for display near
photocopiers and scanners and other supporting 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 lecturers to provide their
students with:
1. photocopies of extracts from books and journals within prescribed limits;
2. 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 accessed by students on a particular course of study for which
the materials have been prepared by means of a restricted password-protected intranet
such as CamTools http://camtools.caret.cam.ac.uk or provided on CD-ROM or in
PowerPoint presentations. These materials may only be made available to students on
the particular course of study and not 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 are not
posted on the publicly accessed Internet.
To comply with the CLA Licence’s strict recording and monitoring requirements for
scanned materials, Scanning Procedure set out below must be followed. In Scanning
Procedure, the following are mandatory under the CLA Licence:
1. A completed ‘Copyright Notice for Digital Copies’ must be attached to every ‘Digital
Copy’ made under the CLA Licence, and
2.
Every ‘Digital Copy’ made under the CLA Licence must be reported to a central
University contact/body, for the University of Cambridge to the University Licensing
Coordinator for Scanning under the CLA Licence at the University’s Centre for
Applied Research in Educational Technologies (CARET) [email protected]
(using the ‘CLA Digital Copy Record Form’ (available in Excel format from the CLA at
http://www.cla.co.uk/UUKguildhe_members.php) .
The CLA Licence also permits the uploading of e-journal articles and extracts from ebooks to prescribed limits on restricted intranets for students on a particular course of
study (‘Digital Material Re-Use’), subject to CLA record-keeping requirements. However,
until further notice, it is recommended that to ensure secure authentication/compliance
with e-journal publisher licence terms, links to e-journal articles (under University
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subscription) should be provided to students rather than actual digital copies of e-journal
articles.
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 as amended, for
their own individual private study or non-commercial research purposes University
students and staff may make a single copy of an extract of a literary work (not of a
sound recording or a film) to the same extant limits as in the CLA Licence, e.g. one
chapter from a book, one journal article from an issue. Under this statutory exception, the
single copy may not be placed on an intranet or the Internet without the permission of the
copyright owner of the work. The Copyright Notice – Photocopiers and Scanners, as
provided by the University Library, provides notice to users of this statutory exception and
should be displayed prominently next to photocopiers and scanners, adjacent to the CLA
Notice for display.
PHOTOCOPYING UNDER THE CLA LICENCE

Material Licensed for Photocopying: original published editions of books, looseleaf
works, law reports, periodicals and journals published in the UK, Argentina, Australia,
Austria, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland,
Ireland, Italy, Jamaica, Luxembourg, the Netherlands, New Zealand, Norway,
Singapore, South Africa, Spain, Sweden, Switzerland and the United States of
America, but excluding ‘Excluded Works’, ‘Excluded Categories’ and works from
publishers on the ‘Excluded US Publishers List’ below .
The proportion of a book, journal or magazine that may be photocopied is restricted to
whichever is the greater of:
 up to 5% or one chapter of a book
 up to 5% or one article of a journal issue
 up to 5% or one paper of one set of conference proceedings
 up to 5% or one report of one case from a book of law reports
 up to 5% of an anthology of short stories or poems or one short story or one
poem of not more than 10 pages.
Works in the following may not be photocopied under the CLA Licence:
 Excluded Works as posted at
http://www.cla.co.uk/licenceinformation_listofexcludedcategoriesandexcludedworks.p
hp
 Excluded Categories  printed music (including lyrics)
 maps, charts or books of tables
 tests or public examination papers whether published individually or in a
collection
 workbooks, work cards and assignment sheets
 privately owned documents issued for tuition purposes and limited to clientele
who pay fees (except those published by the Open University or the National
Extension College)
 newspapers (covered by the University’s Licence with the Newspaper Licensing
Agency (NLA))
 industrial house journals
 any work in which the copyright owner has expressly and prominently stipulated
that it may not be copied under the CLA Licence
 unpublished works such as dissertations.
 Excluded US Publishers List at http://www.cla.co.uk/us_excluded_publishers.php .
Copies may be made from:
 an original of a book, journal or magazine owned by the University kept in any
Library or office at the University, or
Legal Services Office 14.11.08
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

a copyright-fee paid copy of one chapter from a book or a journal article supplied
by an organisation holding a document delivery licence with the CLA, e.g. British
Library Document Supply Service
http://www.bl.uk/reshelp/atyourdesk/docsupply/ , or
a work for which written permission has been obtained from the relevant rights
holder for the intended copying and such permission is in writing, is retained and
is readily available as evidence of such permission.
Copies may not be made from books, journals and magazines borrowed from the British
Library or another university on inter-library loan or from ‘library privilege’ copies.
Illustrations in a book or journal article may be photocopied separately from the text that
accompanies them with sufficient acknowledgement.
Course of Study is defined in the CLA Licence as ‘any whole course of study or any
segment of a student’s studies which is normally regarded by the University as a discrete
and self-contained unit for the purposes of examination or assessment’.
The number of multiple photocopies of any one item made for any one Course of Study
must not exceed the number needed to ensure that each student and the lecturer receive
one copy.
SCANNING UNDER THE CLA LICENCE
Scanning under the CLA Licence is restricted to the provision of extracts from published
print materials, e.g. one chapter from a book or one journal article from a print journal
issue, to students on a particular Course of Study via a restricted password-protected
intranet such as CamTools or on CD-ROM or in PowerPoint presentations.
University Licensing Coordinator for Scanning under the CLA Licence
Due to the strict recording and monitoring requirements set by the CLA, scanning under
the terms of the CLA Licence must be processed through a central institutional
contact/body. The University’s Centre for Applied Research in Educational Technologies
(CARET), as the service provider of CamTools, has agreed to act as the Licensing
Coordinator for the scanning provisions of the CLA Licence and report all Digital Copies
made under the CLA Licence to the CLA on an annual basis as required by the Licence.
Reporting to CARET and in turn to the CLA is mandatory whether Digital Copies are
uploaded in CamTools or to another restricted password-protected intranet, e.g. Faculty
or Departmental restricted intranet.
The key to the provision of Digital Copies of scanned materials under the CLA Licence is
that the restricted intranet to which materials are being uploaded has in place a process
of student/user authentication/password control to ensure that only students on a
particular Course of Study and their lecturer can have access, download and print out
Digital Copies in the Course Collection prepared for that Course of Study, and at the
completion of the Course of Study can ensure that Digital Copies are removed from the
Course Collection.
Digital Copies are defined in the CLA Licence as ‘electronic copies of Material Licensed
for Scanning’, which are ‘direct unaltered copies of the work copied’.
Course of Study is defined in the CLA Licence as ‘any whole course of study or any
segment of a student’s studies which is normally regarded by the University as a discrete
and self-contained unit for the purposes of examination or assessment’.
Course Collection is defined in the CLA Licence as those Digital Copies provided to and
restricted to students on a specific Course of Study and their lecturer by a passwordprotected system.
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Designated Persons
Under the terms of the CLA Licence, permission to scan materials is restricted to
Designated Persons throughout the University who must, among other responsibilities
outlined in Scanning Procedure below, report all scanning carried out under the CLA
Licence in their limited area/domain, e.g. Faculty or Department or other unit, to the
University Licensing Coordinator for Scanning under the CLA Licence.
The diverse nature of Departments and Faculties and other units of the University rules
against appointing specific role holders as such, hence Designated Persons may be an
individual lecturer of a Course of Study, course convener/organiser, Departmental
Administrator, Librarian or other appropriate individual. However, according to terms of
the CLA Licence, students may not be assigned the duties of a Designated Person.
It is recognised that not all Faculties/Departments/units will wish to appoint a Designated
Person. If so, the responsibilities of the Designated Person fall to the individual lecturer
providing scanned materials to his or her students under the CLA Licence, in effect
making the individual lecturer a Designated Person.
The names and contact details of those individuals who have agreed to take on the
responsibilities of a Designated Person should be sent to CARET:
[email protected] .
Scanning Procedure
The process for scanning and upload of materials for access by students on a Course of
Study is as follows:
1. Choose the published print materials to be scanned for inclusion in an ‘e-course pack’
(i.e. Course Collection) to be uploaded in CamTools or other restricted passwordprotected restricted intranet for access by students on a particular Course of Study.
2. Check that the print materials to be scanned are not already available online through a
secure access University subscription, e.g. e-journal articles. If so available, provide a
link to the materials rather than a scan of the print version.
3. Check that the print published materials to be scanned fall within the limits of the CLA
Licence. See below:
PUBLISHED MATERIALS ALLOWED FOR SCANNING and
MATERIALS NOT ALLOWED FOR SCANNING and
DIGITAL COPIES MAY BE MADE FROM: .
4. Fill in the Copyright Notice for Digital Copies with relevant course and
bibliographical details (the Copyright Notice for Digital Copies is appended to this
document, template available at http://www.cla.co.uk/UUKguildhe_members.php ,
‘Comprehensive HE Licence’, Schedule 3) .
5. Scan the published material, including the Copyright Notice for Digital Copies as its
cover sheet. Alternatively, if the software to do so is available, a pdf of the Copyright
Notice for Digital Copies may be inserted as the cover sheet to a Digital Copy.
6. Upload the Digital Copy(ies) to a suitable ‘course module’ for the Course of Study in
CamTools or your Faculty/Departmental restricted password-protected intranet for the
duration of the Course of Study, ensuring that only students and the lecturer on that
Course of Study are allowed access to the ‘course module’.
7. Report the upload to the University Licensing Coordinator for Scanning under the
CLA Licence via the Designated Person.
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The Designated Person is responsible for ensuring that all scanned items (Digital
Copies) are verified for the following:






each Digital Copy is a faithful and accurate representation of the original
published edition
the University can demonstrate that it owns an original published edition or a
copyright fee paid copy of the extract of which a Digital Copy has been created or
has written permission from the rightsholder to use the Digital Copy as intended
Digital Copies are made of works included in the CLA Licence, i.e. UK- and USpublished works not listed in Excluded Works, Works Excluded from Scanning or
Excluded Categories
the copying limits are observed, e.g. the greater of up to 5% or one chapter of a
book, one article from a journal issue
the ‘Copyright Notice for Digital Copies’ is attached to each Digital Copy
(appended to this document, template provided by the CLA at
http://www.cla.co.uk/UUKguildhe_members.php , ‘Comprehensive HE Licence’,
Schedule 3
the
‘Digital
Copy
Record
Form’
(available
at
http://www.cla.co.uk/UUKguildhe_members.php ) is filled in, including notice that
if a digital version is available within the University, e.g. e-journal version of a
print journal article, indicating why the digital version is not being used. A list of
journals available in electronic format is provided by the University Library at
http://www.lib.cam.ac.uk/ejournals_list .
8. Remove the Digital Copies from the ‘course module’/Course Collection once the
Course of Study has concluded.
PUBLISHED MATERIALS ALLOWED FOR SCANNING
Material Licensed for Scanning: original UK- and US-published editions of books,
looseleaf works, law reports, periodicals and journals, but excluding any ‘Excluded Works’,
‘Excluded Categories’, ‘Works Excluded from Scanning under the CLA Licence’ and
those US works on the ‘Excluded US Publishers List’ .
The proportion of a book, journal or magazine that may be scanned/copied is restricted to
whichever is the greater of:
 up to 5% or one chapter of a book
 up to 5% or one article of a journal issue
 up to 5% or one paper of one set of conference proceedings
 up to 5% or one report of one case from a book of law reports
 up to 5% of an anthology of short stories or poems or one short story or one
poem of not more than 10 pages.
MATERIALS NOT ALLOWED FOR SCANNING
Works in the following may not be scanned and distributed under the CLA Licence:
 Excluded Works as posted at
http://www.cla.co.uk/licenceinformation_listofexcludedcategoriesandexcludedworks.p
hp
 Excluded Categories  printed music (including lyrics)
 maps, charts or books of tables
 tests or public examination papers whether published individually or in a
collection
 workbooks, work cards and assignment sheets
Legal Services Office 14.11.08
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


privately owned documents issued for tuition purposes and limited to clientele
who pay fees (except those published by the Open University or the National
Extension College)
 newspapers (covered by the University’s Licence with the Newspaper Licensing
Agency (NLA))
 industrial house journals
 any work in which the copyright owner has expressly and prominently stipulated
that it may not be copied under the CLA Licence
 works published outside the UK or the US
 unpublished works such as dissertations
Works Excluded from Scanning under the CLA Licence as posted at
http://www.cla.co.uk/licenceinformation_he_scanning.php
Excluded US Publishers List at http://www.cla.co.uk/us_excluded_publishers.php .
DIGITAL COPIES MAY BE MADE FROM:



an original of a book, journal or magazine published in the UK or the US only
and owned by the University, kept in any Library or office at the University, or
a copyright-fee paid copy of one chapter from a book or a journal article supplied
by an organisation holding a document delivery licence with the CLA, e.g. British
Library Document Supply Service
http://www.bl.uk/reshelp/atyourdesk/docsupply/ , or
a work for which written permission has been obtained from the relevant rights
holder for the intended copying and such permission is in writing, is retained and
is readily available as evidence of such permission.
Copies may not be made from books, journals and magazines borrowed from the British
Library or another university on inter-library loan or from ‘library privilege’ copies.
Illustrations in a book or journal article may be scanned/copied separately from the text
that accompanies them provided that the ‘Copyright Notice for Digital Copies’ is attached
to each Digital Copy (the ‘Copyright Notice for Digital Copies’ is appended to this
document,
template
provided
by
the
CLA
at
http://www.cla.co.uk/UUKguildhe_members.php , ‘Comprehensive HE Licence’, Schedule
3). If impractical to accompany the illustration with the full Notice, an abbreviated form of
words should be used, ‘Copied under the CLA Licence – please refer to the full Copyright
Notice for Digital Copies’, the full ‘Copyright Notice for Digital Copies’ to be attached as a
cover sheet.
VISUALLY IMPAIRED PERSONS
The University may make and supply to any student or staff of the University who is
visually impaired or otherwise disabled a copy of part or the whole of any work within the
Material Licensed for Photocopying and the Material Licensed for Scanning in any
alternative format that is more accessible to such a student or staff member, whether in
digital or audio format, large or small print copies or embossed copies (whether produced
in Moon or Braille or otherwise) or in other formats, subject to the following:
 a copy of a work may only be provided if the work is not commercially available in
a form accessible to the student or staff member
 if a copy exceeds the extent limits of one chapter/one journal article, the copy
must contain a statement that it is a copy of the original work made under a CLA
Licence for the personal use of a visually impaired or a disabled person and that
it may not be further copied (including any electronic copying or transmission)
and must contain the title, author, publisher and edition from which it is copied.
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COMMERCIAL COPIES
The University may supply photocopies or Digital Copies to employees of companies or
other organisations that have provided the University with research funding for a specific
University research project, on the following conditions:
 a photocopy may be supplied on the condition that it may not be further copied or
reproduced
 a Digital Copy may only be opened once and a single paper copy printed out,
which may not be copied further, following which the Digital Copy must be
deleted
 a ‘Copyright Legend for Commercial Copies’ in the form set out as Schedule 4 of
the
‘Comprehensive
HE
Licence’,
available
at
http://www.cla.co.uk/UUKmembers.php , is attached to each photocopy or Digital
Copy as appropriate.
No photocopies or Digital Copies may be supplied under the CLA Licence to companies
who are engaged in sponsoring studentships, fellowships, honorary posts, secondments,
placements and University clubs and societies.
_____________________________________________
Queries concerning the CLA Licence may be addressed to:
Anja Cessford, University Licensing Coordinator for Scanning under the CLA Licence,
Centre for Applied Research in Educational Technologies (CARET) [email protected] ;
Ted Krawec, University Copyright Officer, Legal Services Office [email protected] .
Legal Services Office 14.11.08
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This Copyright Notice for Digital Copies is to be filled in and attached to
each Digital Copy provided to students on a Course of Study via a
restricted password-protected intranet under the terms of the CLA Licence
(this template provided by the CLA at
http://www.cla.co.uk/UUKguildhe_members.php ,
‘Comprehensive HE Licence’, Schedule 3.
Copyright Notice
Staff and students of the University of Cambridge are reminded that copyright
subsists in this extract and the work from which it was taken. This Digital Copy
has been made under the terms of a CLA Licence which allows you to:


access and download a copy;
print out a copy.
This Digital Copy and any digital or printed copy supplied to or made by you
under the terms of this Licence are for use in connection with this Course of
Study. You may retain such copies after the end of the course, but strictly for
your own personal use.
All copies (including electronic copies) shall include this Copyright Notice and
shall be destroyed and/or deleted if and when required by the University of
Cambridge.
Except as provided for by copyright law, no further copying, storage or
distribution (including by e-mail) is permitted without the consent of the copyright
holder.
The author (which term includes artists and other visual creators) has moral
rights in the work and neither staff nor students may cause, or permit, the
distortion, mutilation or other modification of the work, or any derogatory
treatment of it, which would be prejudicial to the honour or reputation of the
author.
Course of Study:
Name of Designated Person authorising scanning:
Title:
Name of Author:
Name of Publisher:
Name of Visual Creator (as appropriate):
Legal Services Office 14.11.08
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