Appendix KPhotocopying and scanning under the CLA Higher Education LicencePhotocopying and scanning under the CLA Higher Education LicenceThe university has signed an agreement with the Copyright Licencing Agency (CLA) whichindemnifies the <strong>University</strong> against certain publishers suing us for using their material. Thisgenerally covers the multiple copying (paper to paper) from most copyright-protected books,journals, law reports, conference proceedings and magazines for use by students and the coursetutor on registered taught courses and non-credit-bearing short courses. In addition <strong>Oxford</strong> has alsosigned up to the trial scanning licence. There are certain obligations which come with thisagreement which are detailed below.General provisosCopying is limited to:Up to 5% or one chapter (whichever is the greater) <strong>of</strong> a book;Up to 5% or one article (whichever is the greater) from a single issue <strong>of</strong> a journal;The licence covers material published in the United Kingdom, Australia, Canada (includingQuebec), Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Jamaica, theNetherlands, New Zealand, Norway, Republic <strong>of</strong> Ireland, Singapore, South Africa, Spain, Swedenand Switzerland. It also includes some US publishers. See the ‘List <strong>of</strong> Participating US Publishers’for further details. www.cla.co.uk/support/uspublishers.htmlPlease note that the licence does not cover material already in digital form e.g. electronic journalsand material available on the internet. Check the licence conditions <strong>of</strong> digital material and wherenecessary obtain publishers' consent for such material before using them. It also does not covernewspapers, maps, printed music or works listed on the CLA’s Excluded Works list, available atwww.cla.co.uk/support/excluded.html Material from these sources must obtain individualpublisher’s consent prior to being used.Scanning for teaching purposesThe licence also permits some copyright material published in the UK to be made available indigital format to students through WebLearn. The <strong>University</strong> must keep detailed records <strong>of</strong> all itemsscanned under this licence and such scanning may only be carried out by the person(s) designated todo so in your department or college; for details as to who these are, please contact: Charles Shaw,Academic Services and <strong>University</strong> Collections, <strong>University</strong> Offices; tel: (2)80563;charles.shaw@admin.ox.ac.uk. If in doubt, Paul Davis at OUCS is a designated person and may be able tohelp you. Tel 83414 email:paul.davis@oucs.ox.ac.ukScanned material must be held in a password-protected environment accessible only to students onthe relevant course. WebLearn meets this requirement provided relevant access controls are set. Ifyou wish to make digital copies available to students on a course <strong>of</strong> study, you should contact therelevant departmental person for further details <strong>of</strong> the service. Please note that if you prepare ordistribute scanned extracts <strong>of</strong> copyright-protected material, both you and the <strong>University</strong> are exposedto the risk <strong>of</strong> infringing copyright law. Note that there is a more restricted set <strong>of</strong> material which canbe scanned – in general American work is not included. Check atwww.cla.co.uk/support/excluded.html if in doubt.PracticalitiesMaterial needs to be presented in a form as close as possible to the way it was published. It issuggested that scanning material as a PDF is probably best to meet this requirement. Each pdf file54
needs to have attached a specific disclaimer detailing the original work, and emphasising this copyis only for use on a specific course <strong>of</strong> study. A suitable set <strong>of</strong> words is below (Appendix A)Where a PDF is used, licensees may wish to define document settings in such a way that will allowthe Copyright Notice to be subsequently amended, e.g. if the same item is to be re-used for anothercourse. It is recommended that the Designated Person uses the option to define a secure password,with a view to preventing:• unauthorised members <strong>of</strong> staff / students editing the text <strong>of</strong> the notice or• ‘cutting + pasting’ (or otherwise altering) licensed contentHow do they measure that we comply?Audits are periodically undertaken. The priority <strong>of</strong> an audit will be to determine that Digital Copiesare being created in accordance with the defined extent limits (i.e. only works eligible are copied),that the procedures for ensuring securely authenticated access are demonstrably robust (WebLearnaccess controls are properly applied)and to monitor that the moral rights <strong>of</strong> authors are beingobserved.(nothing is being used out <strong>of</strong> context or adapted outside reasonable use)The Compliance Officer will verify that all Digital Copies created under licence have been correctlyrecorded on the Digital Copy Record Sheet, that a Copyright Notice has been appended to each, thateach Digital Copy represents a direct unaltered representation <strong>of</strong> the original printed page(s) andthat it has been sourced from an original published edition owned by the HEI.Further informationFor further details about copyright, please see Guidance for library staff athttp://www.bodley.ox.ac.uk/ulsd/oxonly/copyright/copyhome.htmand FAQ for readers athttp://www.bodley.ox.ac.uk/ulsd/oxonly/copyright/copyrightfaq.htmFor more information about the CLA Licence, see www.cla.co.uk/support/he/index.htmlThe <strong>University</strong>’s Licence Co-ordinator is Charles Shaw, Academic Services and <strong>University</strong> Collections,<strong>University</strong> Offices; tel: (2)80563; charles.shaw@admin.ox.ac.uk55