The terms of the 'Higher Education Trial Licence for Photocopying and Scanning' granted by the Copyright Licensing Agency (CLA), which holds until 31 July 2008, cover all students and all employees of the University. A copy of the Licence, User Guidelines, and other supporting documentation is provided by the CLA at http://www.cla.co.uk/support/he/index.html.
In brief, the Trial Licence is concerned with multiple copying by means of photocopying or scanning of published print materials only. It permits lecturers to provide their students with:
(i) multiple photocopies of materials from books and journals within defined limits;
and/or
(ii) digital copies of scanned published print materials within defined limits.
Scanning provisions in the Trial Licence apply only to selected published print materials scanned for delivery and access by students on a particular course of study by means of a password-protected intranet such as CamTools (http://camtools.caret.cam.ac.uk/) or on CD-ROM (including PowerPoint presentations containing scanned print materials).
To comply with the Trial Licence's strict recording and monitoring requirements regarding scanned materials, users are asked to follow the procedures outlined in Scanning below. The Trial Licence obliges the University 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.
Outside the confines of the Trial Licence, under generally accepted principles regarding 'fair dealing' provisions of the Copyright, Designs, and Patents Act 1988 as amended, for their own personal private study 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 extent limits as in the CLA Licence, for example one chapter from a book, one journal article from an issue.
Note to Librarians: notwithstanding CLA 'User Guidelines' posted near photocopying machines stating an expiry date of 31 July 2006, the 'User Guidelines' for photocopying are in effect for the duration of the Trial Licence, to 31 July 2008.
Material Licensed for Photocopying: original published editions of books, looseleaf works, law reports, periodicals, and journals published in the UK, Australia, Austria, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Jamaica, the Netherlands, New Zealand, Norway, Singapore, South Africa, Sweden, and Switzerland or by publishers included on the List of Participating US Publishers at http://www.cla.co.uk/support/uspublishers.html, but excluding Excluded Works and Excluded Categories.
Works in the following categories may not be photocopied under the Trial Licence:
Copies may be made from:
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.
The proportion of a book, journal, or magazine that may be photocopied is restricted to whichever is the greater of:
'Course of Study' is defined by the Trial Licence as 'a course of study regarded as a discrete and self-contained unit for the purposes of examination'. The number of multiple photocopies of any one item made for any one course of study shall not exceed the number needed to ensure that each student and the lecturer receive one copy.
Scanning of copyright materials under the Trial Licence is restricted to the provision of published print materials, for example one chapter from a print text, a print version of a journal article but not from its e-journal counterpart, only to students on a particular course of study via a password-protected website such as CamTools or on CD-ROM (including a PowerPoint presentation which includes scanned published print materials).
Lecturers wishing to post scanned materials for their students on a course of study on password-protected sections of their Faculty or departmental websites must first follow the Scanning procedure below.
Material Licensed for Scanning: original published editions of books, looseleaf works, law reports, periodicals, and journals published in the UK, but excluding any Excluded Works, Works Excluded from Scanning under the HE Trial Licence, and Excluded Categories.
Works in the following categories may not be copied under the Trial Licence:
Digital Copies are defined in the Trial Licence as 'electronic copies of Material Licensed for Scanning, which are direct unaltered copies of the work copied'.
Course Collections are defined in the Trial Licence as 'those Digital Copies that are provided to students, access to which is restricted to students on a Course of Study and their lecturer by a password-protected system'.
Digital copies may be made from:
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 with sufficient acknowledgement.
The proportion of a book, journal, or magazine that may be scanned/copied is restricted to whichever is the greater of:
Due to the strict recording and monitoring requirements set by the CLA during the Trial Licence period, scanning under the terms of the Trial 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 Co-ordinator for the implementation phase of the Trial Licence.
CARET will manage the mandatory process of student/user authentication/password control to ensure that only students on a particular course of study and their lecturer can have access to, download, and print out digital copies in course collections, and at the completion of the course of study ensure that digital copies are removed from the course collections.
Under the terms of the Trial Licence the permission to scan materials is restricted to Designated Persons nominated by the University. 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, amongst others, the lecturer of a course of study, course convener, Departmental Secretary, Librarian, or other appropriate individual. However, according to terms of the Trial Licence, students may not be assigned the duties of a Designated Person.
The name and contact details of those nominated by their Faculty or Department who have agreed to act as their Designated Person should be notified to CARET at: scanning@caret.cam.ac.uk.
The process for scanning and posting of materials for access by students on a course of study is as follows:
1. The lecturer chooses the published print materials to be scanned for inclusion in an 'e-course pack' (i.e. course collection) to be posted on CamTools or on CD-ROM for his or her students on a particular course of study.
2. The materials are scanned by the Designated Person or by a person under their delegated authority.
The Designated Person is responsible for ensuring that all scanned items (digital copies) are verified for the following:
3. Digital copies and the Digital Copy Record Sheet are submitted to CARET with contact details of enrolled students on the course of study, preferably well in advance of the commencement of the teaching term for which the materials are required.
4. Digital copies are posted on CamTools or another password-protected intranet and students are given access to them or they are distributed to students on CD-ROM, one CD per student on the course of study, and the lecturer.
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:
The University may supply photocopies or digital copies to employees of companies or other organizations that have provided the University with research funding for a specific University research project, on the following conditions:
Neither photocopies or digital copies may be supplied under the Trial Licence to companies who are engaged in sponsoring studentships, fellowships, honorary posts, secondments, placements, and University clubs and societies.
Queries about the CLA Trial Licence or copyright compliance generally may be addressed to: scanning@caret.cam.ac.uk or copyright@admin.cam.ac.uk .
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:
This digital copy and any digital or printed copy supplied to or made by you under the terms of CLA Higher Education Trial Licence for Photocopying and Scanning 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 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 authorizing scanning:
Title:
Name of Author:
Name of Publisher:
Name of Visual Creator (if appropriate):
1. The following statement will appear as part of any electronically distributed commercial copy:
'The following item is a copyright work which has been supplied by the University of Cambridge and transmitted by electronic means. The following are NOT permitted, unless you have the permission of the copyright owner or of The Copyright Licensing Agency Ltd or save as permitted by statute:
(a) printing more than a single paper copy, which itself may not be further copied;
(b) retransmitting the article to anybody else, other than to enable a single paper copy to be printed out by or for the individual who originally requested the item;
(c) electronically storing any copy of the article.'
2. The following statement will appear as part of any commercial copy distributed in printed form:
'The contents of this document are copyright works and unless you have the permission of the copyright owner or of The Copyright Licensing Agency Ltd or save as may be permitted by statute may not be copied (including storage in any electronic medium) or otherwise reproduced (even for internal purposes) or resold.'