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The Copyright Licensing Agency (CLA) Higher Education Photocopying Licence (the 'Licence') granted by the CLA, acting as agent for authors, artists, and publishers, allows students and staff of the University to make photocopies (which would not be permitted under the 'fair dealing' or 'library privilege' statutory exceptions) without having to seek permission to do so from each copyright owner of published material.
The following extracts from the Licence, User Guidelines, and supporting material provided by the CLA on its website at http://www.cla.co.uk/have_licence/he/he_support.html, outline the terms under which the photocopying of copyright material may be undertaken. The CLA's User Guidelines, available for downloading and printing from the above web page, should be displayed prominently near all photocopying machines at the University.
The Licence permits the copying of extracts (whether the pages copied consist of text or graphics or are a combination of text and graphics) from most books, journals, and periodicals published in the UK, Australia, Canada, Denmark, Finland, France, Germany, Greece, Iceland, the Netherlands, New Zealand, Norway, Republic of Ireland, South Africa, Spain, Sweden, Switzerland, and by some publishers in the United States (the list of participating US publishers is available at http://www.cla.co.uk/have_licence/support/uspublishers.html), with the specific exception of those belonging to one of the categories of material defined in the next section.
The basic permission to photocopy extends to the copying (from paper on to paper) of:
| • | up to 5% or one complete chapter (whichever is the greater) from a book |
| • | up to 5% or one whole article (whichever is the greater) from a single issue of a journal |
| • | up to 5% or one paper (whichever is the greater) from a set of conference proceedings |
| • | up to 5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages (whichever is greater) |
| • | up to 5% or one single case (whichever is greater) from a published report of judicial proceedings |
The Licence does not cover:
| • | printed music (including the words) |
| • | maps, charts, or books of tables |
| • | public examination papers |
| • | workbooks, work cards, and assignments |
| • | private documents (fee based tuition) |
| • | works published by non-participating US publishers |
| • | newspapers |
| • | industrial house journals |
| • | 'copying not allowed under the CLA licence' titles |
| • | works included on the 'CLA Excluded Works' list (available at http://www.cla.co.uk/have_licence/support/excluded.html) |
| • | works published outside the above-noted countries |
| • | unpublished material |
Lawful copying of extracts in excess of the Licence limits detailed above is at the discretion of the copyright owner and may be subject to the payment of a fee. To process/authorize requests for copying outside the limits, the best starting point is usually the permissions department of the publisher, who will normally have a record of the person(s) and/or organization(s) who are in ownership of the copyright.
The Licence applies a maximum limit to the number of multiple copies of an extract that can be made. The number of copies of any one extract of licensed material should not exceed the number needed to ensure that each student enrolled on a course of study together with the course instructor are supplied with one copy. There should be no systematic or repeated copying of the same licensed material by the same set of students in the context of any one course of study.
All registered students and all academic and administrative staff of the University can make their own photocopies and also receive photocopies made on their behalf. It is therefore permissible for a course instructor to distribute multiple copies of extracts to all students enrolled on the course taught. Permission to make copies of extracts of licensed material for inclusion in the type of compilation often described as a 'course pack' is granted in the Licence terms and is subject to the same extent limits as copying for other purposes.
Photocopies may be made either directly from the original published edition or from a 'first generation' photocopy made directly from the original published edition. However, permission to make copies from copies is dependent on the University either owning at least one copy of the original published edition of the work, or obtaining a 'copyright fee-paid' copy of licensed material from either the British Library (BLDSC) or another licensed 'document supplier', or obtaining written permission from the copyright owner.
Enlarged photocopies can be made for distribution and use by the visually impaired, the basic extent limits are not applicable in this case. This means that several chapters of a book or several articles from the same issue of a journal can be copied (including the entire book or journal issue). These provisions are not subject to any surcharge on the blanket licence fee paid by the University.
The Licence is exclusively concerned with material published in the 'print to paper' medium and its copying on to paper. It does not cover either printing out from electronic sources or the photocopying of print-outs derived from electronic sources. Individual publishers or other collective licensing organizations may be contacted for consent to copy material published on CD-ROM and/or other multimedia formats, such as video, DVD, film, MP3.
Copies can only be stored temporarily in the memory of a digital photocopier as an inherent or transient part of the reprographic process.
The Licence does not cover the downloading and copying of electronic material. All content stored in an electronic format and published on websites is subject to the permission regime operated by the copyright owner (which may be formalized in an agreement or licence). It is good practice to initially check the website for specific statements about downloading, printing, and re-use. In the absence of such information, the webmaster may be contacted for lawful permission.
For course use only, permission to scan printed pages, store, and distribute such electronic documents over a secure network is available under the terms of the Digitisation Licence.
The CLA Higher Education Digitisation Licence (the Digitisation Licence) covers, firstly, scanning extracts from a paper original (such as a book, journal, or a periodical) and converting the scanned file into a suitable form and, secondly, making the material available to students for course use on a secure intranet.
The Digitisation Licence is entirely transactional with clearances provided through the CLA Rapid Clearance Service (CLARCS). Before any material is scanned under the Digitisation Licence, an authorization number must be obtained through CLARCS (tel. 020 7631 5545). The University's CLARCS account number is CAM 612. Each University Faculty/Department has its own further account number which must be given to CLARCS; these numbers are available from the University's Copyright Officer (see below).
Fees are determined for each transaction, determined by the rights holder for the material to be used. When you telephone CLARCS, you will be asked for bibliographic information about the material and the use to which it will be put, the number of intranet users, e.g. students on a particular course, and a fee will be quoted, usually a fee of approximately 5p per page multiplied by the number of pages multiplied by the number of students enrolled on the teaching module for which the material is required or is recommended reading. The digitised files must have compulsory headers and disclaimers added to them. These and User Guidelines for the Digitisation Licence are available from the CLA at http://www.cla.co.uk/have_licence/he/he_digitisation_olduser.html.
Another service which offers 'copyright clearance' and digitised versions of book and journal extracts for academic use is provided by HERON. The University has not signed up to the scheme, but should there be a marked demand for this type of use, the University will consider subscribing to it. Information on the HERON scheme is available at http://www.heron.ingenta.com.
Any doubts concerning whether a student or member of staff may copy or use certain copyright materials should be raised with the University Library where appropriate or the University's Copyright Officer before proceeding. Further, students and staff are advised to consult the University's Information Technology Syndicate's Web pages at http://www.cam.ac.uk/cs/itsyndicate/ on rules and guidelines governing the use and misuse of the University's computing facilities. The Web pages offer inter alia recent materials from a variety of sources on copyright and internet issues.
General information on copyright is available at http://www.rsd.cam.ac.uk/copyright/ or http://www.admin.cam.ac.uk/offices/research/copyright/.
Enquiries on copyright may be addressed to the Copyright Officer, Research Services Division (tel. 01223 (3)33543, e-mail ted.krawec@rsd.cam.ac.uk).
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Cambridge University Reporter, 11 June 2003
Copyright © 2003 The Chancellor, Masters and Scholars
of the University of Cambridge.