Copyright and digitisation

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1 Learning Resources Copyright and digitisation a guide for teaching staff lrweb.beds.ac.uk

2

3 Contents 04 Introduction 05 Digitised resources: scanning material for BREO 10 Printed course packs 13 Offprints collection 14 Audio-visual recordings 15 Photocopies of material from other Libraries for personal use 16 Appendix A: Print materials that may/may t be digitised 18 Appendix B: Basic facts Editor: Averil Robertson Design: Paul Fryer University of Bedfordshire 2008 Copyright and digitisation

4 Introduction This document has been prepared to provide advice for teaching staff when: adding materials such as journal articles and book chapters to BREO preparing print or digital (scanned) course packs adding journal articles to the collection directing students to learning materials Learning Resources are very happy to help and support the creation of digital copies of print materials for students. The information provided within this document explains the obligations required to ensure compliance with UK copyright law and licensing agreements. Please contact your Academic Liaison Librarian if you require any further information about the digitisation of learning materials. 04 lrweb.beds.ac.uk

5 1. Digitised resources: scanning material for BREO Many students prefer or find it more convenient to access learning resources electronically and at a distance; the general trend amongst academic libraries nationally is to provide digitised core reading materials. The UoB Learning Resources Department would like to make student access to core learning materials easier and more cost-effective by supporting departments and academic staff in creating a digitised collection of core print-based resources that can be accessed at any time from a computer with an Internet connection. Providing course reading material via the Offprints Collection has disadvantages, such as: the collection only being accessible during opening hours; the one permissible copy being vulnerable to being defaced, stolen or lost; the fact that directing a cohort of students to copy an item held in the Offprints collection contravenes the CLA licence The University has a Copyright Licensing Agency (CLA) licence which can be found at: this allows its teaching staff to: make multiple photocopies (provided it is for an identified cohort of students. The CLA calls this creating a course pack) distribute digital copies of scanned chapters or journal articles (though only if an identified cohort of students has authenticated access; for example, via a single BREO unit) lrweb.beds.ac.uk 05

6 Who can scan and add items to the collection? Under the terms of the Licence, the permission to create and add copies to a course collection must be restricted to a Designated Person or persons. Learning Resources will maintain the list of authorised individuals. Please contact your Academic Liaison Librarian if you wish to be added to this list. What can be added to the collection? The CLA licence covers the making of digital (scanned) copies of printed works, for incorporation into course-based collections. Please see Appendix A for a comprehensive list of what can be included, or visit the CLA Website Full text electronic articles and books You may make a link in BREO to any journal article or e-book to which the University subscribes. Your Academic Liaison Librarian will be happy to demonstrate how to use the publishers persistent URLs so that the link always directs the user to the appropriate chapter or articles. Generally speaking, it is t permissible to download, distribute or store items originally published in electronic format unless the licence for that particular resource specifically allows it. Individual e-journals available via the University catalogue or the EBSCO EJS e-journals service are subject to the individual publisher s conditions. Please provide a link to the resource rather than to a copy; if a digital copy is essential, Learning Resources will be happy to apply for copyright permission - but bear in mind that publishers do like to charge! Learning Resources 06 lrweb.beds.ac.uk

7 Web based resources and copyright Web pages and other material on the internet are also protected by copyright, and a single web page can contain numerous different copyrights within in it, e.g. the text may be protected separately from any artwork, logos or graphics. Unless the web page expressly waives copyright, it is t permissible to copy the material for use in BREO without the written permission of the rights holder(s), unless it is for the purposes of an examination or assessed work which contributes to the student s final mark. Who can access the collection? students registered for that unit; tutors, lecturers or supervisors for the unit; visiting academics teaching or auditing the course. How do they access it? It is the University s responsibility to ensure that the copies can only be accessed by authorised persons: they must only be available online from within a particular unit. Digitised copies of print originals must t be posted anywhere else (e.g. on the Internet or a newsgroup); students can open and read scanned items online as often as they wish; scanned copies may be downloaded and printed out once only by students registered on the unit. Each document must also carry a statement specifying who is allowed to download it; the Designated Person may distribute a digital copy to students on a particular course as an attachment; however, the student is t then allowed to forward it to anyone. Do we keep records, and if so who is responsible for this? Yes: Learning Resources staff must maintain a record and provide the CLA with a list of items that have been scanned and added to the collection on an annual basis. The CLA can audit the University at anytime, so it is important that staff digitising content to be made available on BREO always let Learning Resources kw what is being added. lrweb.beds.ac.uk 07

8 Some publishers have signed national HE agreements that will allow you to provide a digital copy from within BREO. Publishers with national HE agreements These are: American Chemical Society Annual Reviews: Biomedical Suite Brill Journal Archive British Psychological Society EBSCO Business Source Premier EBSCO Academic Search Elite EBSCO CINAHL Plus with full text EBSCO Communication and Mass Media complete EBSCO Regional Business News EBSCO SocIndex full text Eighteenth Century British Parliamentary Papers Elsevier Science Direct IOP electronic journals historic archive Nineteenth Century British Library Newspapers Nineteenth Century House of Commons Parliamentary Papers Oxford Journals Archive Periodicals Archive Online agreement A SAGE Taylor & Francis Geography Archive Twentieth Century House of Commons Parliamentary Papers 08 lrweb.beds.ac.uk

9 Setting up your digital collection If you would like to have a set of core readings made available electronically to your students, you should follow the procedure below: Does the University already hold an electronic version of what you want to scan? Yes No Save yourself time by linking directly to the item from within your BREO unit using a persistent URL Is it OK to make a copy? Don t kw No Yes Check the general restrictions on copying, or ask an Academic Librarian Do t make a copy. It is an infringement of copyright or IP. Pass the list to your Academic Librarian, who will arrange for scanning, either from materials we own or from a licensed copy. lrweb.beds.ac.uk 09

10 2. Printed course packs You may make multiple print copies of book chapters or journal articles that we hold in stock and use them to create course packs for students as this is permitted under the terms of the Higher Education Photocopying Licence Agreement from the Copyright Licensing Agency. (Note: students studying on short courses are excluded from this agreement.) What is a course pack? A course pack can be defined as a print collection of copyrightcleared essential readings for a unit. These readings could be book chapters, articles, short stories, poems or case reports, subject to the restrictions detailed in the Appendix B. What can be included in a course pack? Within the limits outlined in the Appendix B, multiple copies can be made: if the University owns the printed item; it is a copyright-cleared item from elsewhere (e.g. the British Library); you have the written permission of the copyright holder. If you are t sure what you are allowed to include, ask your Academic Liaison Librarian lrweb.beds.ac.uk

11 When is a course pack suitable? to relieve pressure on library resources when a number of students are trying to access the same material; when you wish all students to read core material for your teaching sessions; to facilitate access to material for part-time and distance learning students. When is a course pack unsuitable? when you want students to read more than one chapter of a book, or one article from a single issue of a journal; when the number of items included in the pack means that the total cost of the pack would be unacceptably high; when only a few students are likely to require access to the material. lrweb.beds.ac.uk 11

12 Creating course packs Responsibility for creating and compiling packs lies with lecturers and their departments. Academic Liaison Librarians (ALLs) and Learning Resources staff will be able to advise you of the cost of obtaining copyright cleared materials. You will be glad to hear that there is record keeping required. Identify material to include in the pack Is it held in the Library? Don t kw The Academic Librarian may help you if necessary Yes No Full bibliographic details are passed to the Academic Librarian, who will ascertain the cost of obtaining the item from the BL or elsewhere Make copies of items held in the library A copyright fee-paid article will be ordered using funds from the appropriate bookfund. The cost of obtaining such articles varies considerably; staff will be informed of the price before the order is placed If you have a copy of all the course pack items, the Reprographics Department will be able to advise on the cost of creating the packs. The department may pass the production costs onto the students Course packs can be issued to students when they start the unit or as individual items during their course. Only the exact number of course packs may be produced to distribute to the students on any specific course 12 lrweb.beds.ac.uk

13 3. Offprints collection What is an Offprint collection? The University s Offprints collection provides reference access to learning materials that are in high demand by the students. The collection is designed to hold those materials that are intended as supplementary reading i.e. where a lecturer is t directing a cohort of students to each make a copy. If it is a requirement that each student have their own copy, then a digital or print course pack should be created. What can be added to the collection? Items added to the Offprints collection must be either: a Copyright-cleared copy of an item that the university does t own; a copy of an item that the University does own; or an item for which written permission has been obtained from the copyright holder. How do you add a copy to the Offprints collection? Make your request to your Academic Liaison Librarian, who will ascertain whether the item is already held, or whether a copyright-cleared copy needs to be obtained. Where the item is t owned by the University, Copyright Fee Paid copies can be ordered from the British Library. To request such a copy, you must fill out and sign the relevant form (obtainable at the LRC Enquiry Desk and online via the Learning Resources website). The cost of the purchase will come from the relevant bookfund. Who can make a copy of an item in the Offprints collection? Any student or member of staff can make an individual copy of an item held in the collection. In addition, staff may make multiple copies to produce a course pack for an identified cohort of students taking a particular academic unit. lrweb.beds.ac.uk 13

14 4. Audio-visual recordings The University holds an Educational Recording Agency (ERA) licence under which we are able to record radio and TV programmes for educational use. Please make recommendations to Learning Resources if you are aware of an upcoming programme that you would like added to stock. You can then: show/play the DVD recording to students within the university premises; digitise it for playing via BREO/University network, although it must only be viewable from within university premises. Students may also individually borrow the DVD recording. 14 lrweb.beds.ac.uk

15 5. Photocopies of material from other libraries for personal use You may wish to obtain photocopies of material which is t held in the collections of the University Libraries, r available on any electronic databases to which we subscribe. These photocopies can be ordered through Reader Services Document Delivery service. These copies may t be used to produce digital copies, course packs or items for the Offprints Collection. If the purpose of your request is commercial, e.g. you are researching towards writing a book, you will need instead to apply for a Copyright Fee Paid (CFP) copy of the item. To apply for a photocopy for your own private study or research for a n-commercial purpose, you need to complete the form available from the Enquiry desk in the LRC. You must sign the copyright declaration before your request can be accepted. The form must be signed by the person making the request and t by someone else on their behalf. Copyright laws can seem confusing and apparently contradictory at times. However, academic institutions are obliged to abide by them and this guidance is intended to help clarify the various intricacies of the law. Please te: the University will be liable for any infringing copies that you make! If in doubt, Learning Resources will be happy to help. lrweb.beds.ac.uk 15

16 Appendix A: Print materials that may/may t be digitised part of an original book, journal or magazine owned by the university (including Departmental collections), subject to legal limits (see Appendix B) yes a Copyright Fee Paid copy supplied by an organisation holding a document delivery licence with the CLA (e.g. the British Library) yes material covered by the CLA Licence and t on the current CLA List of excluded categories and works yes printed books and journals published in the United Kingdom and t included in the CLA List of excluded categories and works yes material published in the USA if it is produced by one of the participating US Publishers yes works published outside the UK and the Mandating Territories (Argentina, Australia, Austria, Belgium, Canada (including Quebec), Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Jamaica, Luxembourg, Mexico, Netherlands, Norway, New Zealand, Singapore, South Africa, Spain, Sweden, Switzerland) an item the University is unable to purchase from any source yes part of an inspection or proof item where the copy owned by the University is damaged in some way, for copying to replace the damaged sections yes material which is the lecturer s or the University s copyright, provided that: the copyright does in fact lie with the lecturer or the institution and that rights have t been assigned to the publisher; if posting Powerpoint presentations from lectures that contain material produced by others, permission to include them has been obtained; the work is t an unauthorised adaptation yes 16 lrweb.beds.ac.uk

17 material that is on the list of Excluded CCC (Copyright Clearance Center) works yes an item that Learning Resources is unable to acquire in copyright-fee paid form from the British Library yes inspection copies proof copies provided for review purposes complimentary article reprints and offprints supplied by a journal publisher to a contributing author pre-publication proofs of books or articles works on the CLA List of excluded categories and works maps, charts or books of tables printed music (including the words) any UK newspapers tests or public examination papers whether published individually or in a collection 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) workbooks, workcards or assignment sheets industrial house journals unpublished materials e.g. dissertations, assignments, Company Reports diagrams, illustrations and photographs, whether they are separate or accompany text, e.g. they appear in the context of a journal article lrweb.beds.ac.uk 17

18 Appendix B: Basic facts Who owns copyright? While the creator of any particular work usually owns the copyright, this may t necessarily be the case. For example, rights in journal articles are often signed over to the publisher; and in materials created in the course of a person s employment (for example teaching materials) generally belong to the employer. Before copying or scanning anything, either digitally or in print, you must ensure that you have the right to do so. Copying for educational purposes There are limits on the amount of material which can be copied without permission first being needed from the rights holder(s). Note that individual licences (for example, for databases) may allow additional permissions. 18 lrweb.beds.ac.uk

19 Fair dealing The law does allow for some copying for certain purposes, including for ncommercial research and private study; but te that, if, for example, what you are copying is used for research for a book you are writing for publication this would t be considered n-commercial. What can be copied? Under the Fair dealing exception you would generally be deemed t to have infringed copyright by copying for your own use: up to 5% or one whole 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 t more than 10 pages (whichever is the greater); up to 5% or one single case (whichever is the greater) from a published report of judicial proceedings. Note that the appropriate ackwledgements must be made in all cases. Permission for copying You must apply direct to the copyright holder if you wish to copy: more than the limits as outlined above; from items on the CLA s list of excluded works see: from items published in the USA, other than those on the List of Participating US Publishers: see: from an item t owned by the University or obtained as a copyright fee paid copy. lrweb.beds.ac.uk 19

20 Bedford Campus Polhill Avenue Bedford Bedfordshire MK41 9EA United Kingdom Luton Campus Park Square Luton Bedfordshire LU1 3JU United Kingdom lrweb.beds.ac.uk Learning Resources Copyright and digitisation

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