Guide to the CLA Licence for digitising copyright material for teaching purposes

The University has signed the Photocopying and Scanning HE Licence from the Copyright Licensing Agency, which enables the Library to digitise print copies of journal articles, book chapters or images. Note only certain countries are covered; see http://www.cla.co.uk/Mandating_overseas_terr.php, and some individual works and publishers have been excluded from this mandate.

What does the Licence cover?

This agreement extends the previous photocopying licence to permit "digital copies of extracts of books, journals and magazines to be supplied to students enrolled on a course of study either via a secure authenticated network or by other means which ensure that the appropriate copies are made only to students on the relevant course of study."

Who will provide the digital documents and how will they be accessed?

• The Library will undertake to digitise copies of material, which will be kept on a secure server and accessed via MOLE and/or via the appropriate module list on myResource Lists.
• Under the terms of the Licence the University of Sheffield has the responsibility to ensure that access is controlled and secure, and that scanned items can only be made accessible to students on courses for which they are enrolled.

Important CLA Licence Terms and Conditions

• To ensure compliance with the Licence all digital copies will be provided via “designated members of staff” in the Library.
• The University of Sheffield must own either the original item being scanned, or a copyright cleared item, which the Library will obtain from the British Library. Personal copies owned by academic staff or students may not be digitised.
• Each scanned item must include a Copyright Notice as a cover sheet.
• Scanned items MUST NOT be made accessible to non members of the University of Sheffield via the Internet.
• Only students registered for the relevant course of study, and staff teaching the course, may download or print it.
• Detailed records have to be kept of what is scanned and by whom. Reasonable efforts should be made to determine if an electronic version of a printed extract is commercially available.
• Record keeping will be carried out by the “designated members of staff” in the Library.
• Material may be altered but solely for pedagogic purposes, for example by blanking out parts, annotating or translating extracts, provided that the author’s moral rights are respected and it is made clear on the face of the extract that the original work has been so altered.
• Unless the alteration can be justified on pedagogical grounds, no digital manipulation, morphing, colour or shade adjustment or otherwise is allowed, except to make a copy accessible to Visually Impaired Persons.
• Newspapers, music and maps are excluded from this scheme.
• The creation of an electronic course pack for individual modules should not be seen as a substitute for recommending student purchase of essential textbooks.
• The CLA have the right to visit, audit MOLE and check that we are complying with the terms of the Licence.

How much can be scanned?

UK material can be digitised for teaching purpose under the same terms as those governing the existing CLA photocopying licence i.e. you may scan:

• Up to 5% or one whole chapter, whichever is greater, from a book.
• Up to 5% or one whole article, whichever is greater, from a single issue of a journal.
• Up to 5% or one whole article, whichever is 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 permits a digital copy to be made of a visual image, whether full or part page, BUT the Copyright Notice and Data Reporting are still required (for every single page/image scanned).

N.B. Visually impaired persons can legally be supplied with a scanned copy of part or the whole of a work, if it is not available commercially elsewhere, so that it can be made accessible to them. Please contact Additional Support Unit for further details at:

http://www.shef.ac.uk/library/services/addsupport.html

Can digitised materials be made available via MOLE?

The only scanned items that can be held in MOLE are those processed via the Library. Any other published material being held on the VLE may not comply with copyright. Please see the advice in the paper:

http://www.shef.ac.uk/mole/staff/copyright

Can digitised materials be made available via uSpace?

The only scanned items that can be held in uSpace are those processed via the Library. Any other published material being held on uSpace may not comply with copyright. Please see the advice in the paper:

http://www.shef.ac.uk/mole/staff/copyright

Where can I find out more?

Further information on copyright is available from:

http://www.shef.ac.uk/library/services/copyright.html

or email: c.scott@sheffield.ac.uk

Further information about the Library´s digitisation service is available from:

http://www.shef.ac.uk/library/eoffprints/

Contact Sharon Cocker (s.cocker@sheffield.ac.uk) tel. 27256 or email: readlist@sheffield.ac.uk.