Your legal and ethical responsibilities
Your legal and ethical responsibilities
1.
Introduction
2.
Copying Copyright Material for Personal Non-Commercial Use
3.
Making Multiple Copies for Teaching
4.
Placing Copies of Copyright Material in Short Loan Collections
5.
Copying and referencing for Examinations
6.
Copying for Instructional Purposes
7.
Scanning material under the CLA Licence for sharing on Blackboard
8.
Recording and screening Television and Radio Broadcasts
9.
Copying for Disabled Users
10.
UK Legislation and Parliamentary Material
11.
Printed and Recorded Music
12.
Miscellaneous Points
13.
Open Educational Resources
14.
Further Help and Information
This guide is intended primarily for academic staff. It outlines aspects of the law of copyright based on the Copyright Designs and Patents Act 1988 (CDPA
1988) as it may affect personal research and teaching activities.
Copyright arises for a huge variety of works – literary works; artistic works; films; sound recordings; broadcasts etc. Copyright is only infringed when the whole or a substantial part of a work is copied. Thus, copying an insubstantial amount of a work does not infringe copyright. However, it is extremely difficult to define what constitutes insubstantial use because this is judged qualitatively as well as quantitatively. Therefore, this guide encourages staff to adopt best practices as they have emerged for UK HEIs.
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The main “fair dealing” provision in the law of copyright relevant to staff is the copying of copyright works for personal, non-commercial research or private study. This allows staff to make single photocopies or scanned copies of articles, for example for preparing teaching or pursuing non-commercial research.
Fair dealing is not clearly defined in law. The following are generally accepted safe guidelines:
 in the case of a book, one complete chapter
 in the case of an article in an issue of a serial publication or journal or in a set of conference proceedings, one whole article
 in the case of an anthology of short stories or poems one short story or poem not exceeding 10 pages in length
 in the case of a published report of judicial proceedings, the entire report of one single case.
Staff can make multiple copies of articles in journals or chapters in books under the University’s Copyright Licensing Agency licence for distribution to students on a course. Most domestic and many overseas publishers are covered by this licence. Only one copy per student can be made plus one for the lecturer.
Some categories of published works, as well as some specific works by individual authors, visual artists and publishers, are not covered by CLA's licences.
The easiest way to check what publications can be copied under your CLA licence is to use their Title Search function.
Up to 250 copies of an article from many national and some regional and local newspapers can be made for distribution to students under the Newspaper
Licensing Agency Licence. To find out which titles are covered, please contact copyright@bangor.ac.uk
.
Where publications are not covered by these licences then the copyright owner(s) must be contacted directly to ask permission to make multiple copies.
Staff can obtain information on placing items in short loan collections from the
Academic Support Team
In some cases, photocopies of items can be placed in the Short Loan
Collection
 of chapters in books, articles in journals etc. under the terms of the
CLA Licence
 if the item is wholly out-of-copyright
 if Copyright Fee Paid copies have been obtained from the British Library or similar document supply service
 if copyright has been waived or direct permission has been received from the copyright owner(s) and this permission can be produced on
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request.
These can be further copied by students.
The following cannot be placed in SL:
 personal photocopies made by staff, or photocopies of ILL’s obtained for them, or copies made from either of these sources
 photocopies of material from books and journals owned by academic staff.
Library staff will not place material in SL collections unless the legal basis for doing so is clear and/or teaching staff can produce permissions allowing deposit and use.
All works used for the purposes of:
 setting examination questions or
 communicating examination questions to candidates or
 answering examination questions by candidates are subject to Fair dealing.
Thus, copyright works can be reproduced for and in examinations. Or, material can be projected on to a screen during the course of an examination for viewing by students with a view to students answering questions on the projected work(s). But please note that copyright material reproduced for examination questions must be accompanied by an acknowledgement of the source
unless this is impossible or otherwise impractical.
Photocopies of materials for use by examination candidates can be made and distributed to candidates for use in the examination hall but again such materials must be accompanied by a sufficient acknowledgement – the main identifying bibliographic details. They must not be used or dealt with further, and ideally should be collected at the end.
Practice in UK universities is that copying for examination purposes can cover copying material for inclusion (e.g. as appendices) in dissertations, theses etc. as long as the submissions are assessed and count towards a final mark.
It is not permitted to make reprographic copies of printed music for performance by examination candidates.
If you are supervising PhD candidates you are strongly advised to ensure that candidates using copyright materials in their theses (especially substantial enclosures in appendices) are fully aware of the copyright issues.
Staff may wish to copy for students in the course of their teaching. Please note:
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a.
even for instructional purposes the CDPA 1988 does not allow copying by reprographic means unless this is done under a licence b.
reprographic copying for non-commercial instruction is possible under a number of the licences held by the University. So photocopies of material from many books, journals and newspapers may be made under the CLA and NLA licences c.
the bar on reprographic copying for use in classes extends to storing and projecting works (e.g. photographs) using projective means, such as PowerPoint. Incorporation of some images etc. can be done
under the CLA Scanning Licence. See below, section 7 d.
staff can show or play certain TV and radio recordings for instructional use in classes. See below, section 8 e.
course packs of readings can be made using the CLA and NLA licences f.
reprographic copying of films and sound recordings is allowed under the CDPA 1988 but only for the purposes of instructing
students in film making techniques – on film studies courses, for example.
The Copyright Licensing Agency issues a licence to the University that allows staff, under certain circumstances, to scan extracts from books, journals etc for delivery to students -for example via the VLE, linked to online reading lists or on CDs. These scans may also be used in PowerPoint presentations in lectures.
The main conditions are as follows: a.
scanning must be done by “designated persons” in each
School/Department and the scans recorded on the appropriate record form for the CLA (please contact digitisation@bangor.ac.uk
to assist you with this) b.
scanning must be from an item that the University owns (ie not from items only owned by individual members of staff) c.
the item must have been published in the UK, the USA or certain other countries that have opted in to the scheme. You can check here if items can be used for scanning d.
only registered students on specified courses may download and print the scans e.
only certain amounts may be scanned from any one item: i.
one chapter from a book ii.
one article from an issue of a journal iii.
one paper from a set of conference proceedings iv.
one report of a single case from a report of judicial proceedings
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v.
one short story or poem of not more than 10 pages from an anthology or 5%, whichever is the greater
Certain categories of material are excluded from scanning under the licence: maps and charts; printed music; newspapers (but these may be covered under the NLA licence); unpublished material.
The University has an Educational Recording Agency Licence. It allows off-air recording of free-to-air radio and TV programmes for use in teaching. Important conditions apply to doing this. Single copies of satellite and cable TV broadcasts can be made under the CDPA 1988. Details about recording broadcasts are in the separate ERA Licence guide.
See http://www.era.org.uk/the-licence/faq for more information
For more information contact copyright@bangor.ac.uk
Staff or students with any impairment that prevents them accessing copyright works are able to make accessible versions of materials under the general law to facilitate their use.
Copyright works can be converted into different formats e.g. Braille; or for use with speech software. Essentially: a.
the University must own a copy of the work and it must be available to other staff/students b.
it must not already be available in a suitable alternative commercial format c.
it must not be available in large print.
The Academic Support Team can give guidance and assist users with such needs.
Materials produced by officers and servants of the Crown and Government departments are protected by Crown Copyright. Materials created under the direction of either House of Parliament are protected by Parliamentary copyright.
Much material can be reproduced in its entirety although there are some restrictions. The website of the Office for Public Sector Information provides detailed guidance and only general guidance is given here.
Printed music is also included in the CLA Licence. The Music Publishers
Association publishes a Code of Fair Practice agreed between composers, publishers and users of printed music. This Code permits copying of music published by MPA members in some circumstances, two of which are: a.
short excerpts (but not a whole work or movement) may be copied for private study and research but not for performance purposes
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b.
in an emergency if music is lost or damaged before a pre-arranged concert copies can be made as long as replacements are purchased later; if the music is hired the copy should be returned with the other hired copies.
Otherwise photocopying is only allowed for preservation purposes.
Recorded music is protected by copyright. It should not be copied for use except with the permission of the copyright owner(s). Some guidance is available on the website of the Mechanical Copyright Protection Society. Downloading whole music files from the Internet without permission of the copyright owners, or under licence is an infringement of copyright. Music files should not be downloaded, transmitted or used on University facilities. Guidelines on using recorded music for educational purposes are also available on the Performing
Rights Society web site.
Academic staff should note that: a.
no more than 10% of a printed British Standard should normally be copied b.
downloading and printing material from e-journals and databases for personal use is governed by terms and conditions for each service.
These may not permit classroom distribution of materials; if they do so it may be subject to restrictions. Please check licensing terms and conditions before distributing any material from these c.
most works found on the Internet are protected by copyright.
Copying very limited amounts for personal use is likely to be permissible but not necessarily for copying and distribution to students. Check conditions of use on websites for guidance d.
copyright in emails, postings to bulletin and discussion boards on the internet, VLEs etc. is owned by the author e.
software is protected as a literary work under copyright. Only properly licensed and authorised software should be used on the
University network f.
it is acceptable to link to web pages on the Internet although staff should be aware that some sites (e.g. those that depend on hits on the site to generate advertising and revenue) may object to deeplinking into the site.
You should note that if you use your lecture slides to create an Open Educational
Resource, or make your teaching material available in any other way over the internet, the CLA and other licences cease to apply – since the scans/copies will then not be restricted only to our own registered students. At this point you should get permission to include any third-party copyright material. An OER should be published under a CC-BY licence.
Further guidance can be obtained from copyright@bangor.ac.uk
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