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) scanning@caret.cam.ac.uk (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 Legal Services Office 14.11.08 1 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 2 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. Legal Services Office 14.11.08 3 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: scanning@caret.cam.ac.uk . 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. Legal Services Office 14.11.08 4 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 5 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. Legal Services Office 14.11.08 6 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) scanning@caret.cam.ac.uk ; Ted Krawec, University Copyright Officer, Legal Services Office copyright@admin.cam.ac.uk . Legal Services Office 14.11.08 7 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 8