Copyright Licensing Agency (CLA) : SECTION C

SECTION C- SCANNING

All the points in this section are specific to the Scanning Rights

Subject headings:

Repertoire – what material can be scanned? (go back)

UK

Printed books, journals and magazines published in the United Kingdom may be scanned, subject to not eing listed in either:

the List of Excluded Categories and Works (as published on the CLA website as amended from time to time; any amendments will be drawn to HEIs’ attention on a monthly basis)

OR

the special list of Works Excluded from Scanning under the HE Licence (as published on the CLA ebsite as amended from time to time; any amendments will be drawn to HEIs’ attention on a monthly basis)

Other countries (including the USA)

Many printed books, journals and magazines published in the countries listed below may be scanned under the licence. For further details, please refer to the International section of our website. Any amendments will be drawn to HEIs’ attention on a monthly basis

Australia, Canada (including Quebec), Denmark, Finland, France, Hong Kong, Ireland, New Zealand, Norway, South Africa, Spain, Switzerland and the USA

Integrity (go back)

A Digital Copy – whether rendered as an image file or as a text file - should be an authentic representation of he original printed page(s).

With the exception of the shortening, annotation and disembedding for pedagogical purposes outlined in Section A, alteration or manipulation of the source text and / or images is not allowed.

Images (go back)

The licence permits a Digital Copy to be prepared of a whole page visual image (e.g. a plate) and the disembedding of a part page visual image. Although such copies must still be reported, please note that it is no longer a requirement to identify where images have been utilised.

Equivalent Digital Version (go back)
Licensees should not scan from a printed book, journal or magazine where they also subscribe to or own an electronic version of the publication, provided that the desired use of the electronic product is technically possible and is permitted under a relevant licence. This applies if:

(i) the HEI owns or has access to a digital version under a licence or subscription which allows copies to be made for this purpose (in which case a digital copy may be made under the primary licence and rights in the CLA licence not invoked)

(ii) the HEI has opted into the Digital Material element of the CLA Licence and the item is included in the repertoire under that Licence

HEIs should use all reasonable endeavours to determine if they do subscribe to or own the digital equivalent of whatever they are planning to scan. ‘Reasonable endeavours’ should include checking the publisher’s website where necessary.

Sharing (go back)

With a view to minimising the staff and equipment costs associated with scanning throughout the Higher Education sector, the licence permits an HEI to supply or receive a digital copy from another CLA licensed Higher or Further Education institution provided that each institution owns an original published edition (or a copyright fee paid equivalent) and holds a CLA Licence that includes scanning rights.

However, the permission to transfer and exchange Digital Copies between licensed institutions does not extend to allowing any single HEI (or consortium of HEIs) to establish a central repository of Digital Copies for the purpose of providing a service to either the Higher and / or the Further Education sectors.

Course Collections – How can Digital Copies be supplied? (go back)

Digital Copies should be distributed via course based collections. This requirement corresponds with common practice in HEIs for organising courseware into a series of self contained “silos” or course repositories within a Virtual Learning Environment (VLE) or a school or departmental intranet where each course designer is responsible for building a collection of learning and teaching materials tailored for a specific course.

HEIs are required to apply strict procedures for secure authentication (by some combination of user name, password and / or course enrolment key) to make sure that access to Course Collections is limited to Authorised Persons.

Provided that Digital Copies are organised in Course Collections, the Licence permits any Authorised Person to view Digital Copies made for any course (which might apply where a student is involved in deciding whether to enrol on a particular course). However, downloading or printing out of a Digital Copy is limited to the enrolled students plus the course tutor(s).

Digital Copies cannot be stored in “open” resources such as an Institutional or Subject Repository, an Electronic Reserve or Digital Library which enables delivery to persons regardless of the course they are studying.

However, a Course Collection may permit:

the same extract of a book, journal or magazine to be made simultaneously available to students on more than one discrete course of study
a Digital Copy of a different part of the same book, journal and magazine to be made available to students on another course of study

Who can create and add Digital Copies to a Course Collection? (go back)

The permission to prepare and distribute Digital Copies via a Course Collection is restricted to “Designated Persons” (see “Staff”, page 4 of these Guidelines). To ensure that the Licensee can show, when audited, that digital copies have been duly authorised, HEIs should keep accurate and up-to-date records of Designated Persons.

Copyright Notice (go back)

All Digital Copies produced by scanning must contain in a prominent place a Copyright Notice that includes the form of words and the bibliographical / course related information set out in Schedule 3 of the Licence.

Where a Digital Copy consists of a Portable Document File (PDF), licensees may wish to define document settings in such a way that will allow the Copyright Notice to be subsequently amended, e.g. if the same item is to be re-used for another course. It is recommended that the Designated Person uses the option to define a secure password, with a view to preventing:

unauthorised members of staff / students editing the text of the notice or
‘cutting + pasting’ (or otherwise altering) licensed content

To support compliance, HEIs should add a form of words to the text of the notice to the effect that a Digital Copy “should not be downloaded or printed by anyone other than a student enrolled on the named course or the course tutor(s)”.

In some cases, it may be either undesirable or inappropriate to display the full text of the prescribed Copyright Notice, e.g. as part of an image or if Digital Copies are displayed in a lecture presentation. In such cases, it is acceptable for an abbreviated form of words noting “copied under CLA Licence – please refer to the full Copyright Notice” subject to the full Notice being added elsewhere.

Who is entitled to access Digital Copies? (go back)

Digital Copies stored in Course Collections may be downloaded and printed out (once only) by the following Course Users:

each student enrolled on the particular course of study
a tutor, lecturer or supervisor providing teaching or instruction on the course
a visiting academic teaching or auditing the course (e.g. an external examiner or a learning technologist)

However, all registered students and all contracted members of staff of the HEI may view (but not download or print out) any Digital Copy prepared under the terms of the Licence – browsing a set of course readings might be relevant, for example, to the process of a student selecting or transferring to another course of study or to a member of staff engaged in choosing required / recommended readings for a new module.

Please note that Licensees are not obliged to make Digital Copies available for viewing by individuals other than those who are defined as Course Users.

Online Reading Lists (go back)

Digital Copies can be cited in an online reading list for a specific course of study provided for students on that course only; however, they should not be indexed or listed in a general library catalogue.

A hyperlink may be provided to enable students on that course to access the item directly, but a Reading List and Hyperlink system should not facilitate a Digital Copy being downloaded and printed out by anyone other than a Course User.

Internet (go back)

Digital Copies cannot, under any circumstances, be made available on the publicly accessible internet. However, remote networked access to Digital Copies stored on Course Collections can be enabled via the internet, provided that the technical means of access is by a process of secure authentication that excludes anyone other than a Course User.

CD-ROM (go back)

In line with the supply of course directed learning and teaching support material, HEIs can distribute Digital Copies created under licence on CD-ROMs (and other removable / portable storage media) provided that one copy only is delivered only to the enrolled students on the course of study for which it is prepared.

Email (go back)

Designated Persons can deliver Digital Copies to students on a course (and the course tutor) by means of an attachment to an email. Downloaded Digital Copies can be emailed by a course user to his / her own email account.

Presentation software (go back)

Digital Copies may also be used in standard presentation software packages (such as MS PowerPoint) for the purpose of illustrating a lecture or tutorial, provided that only staff and a cohort of students on a particular Course of Study are in attendance.

Redistribution (go back)

The licence allows the student on the Course of Study (and the course tutor) to view, download and print a Digital Copy – the rights granted do not extend to redistributing, reformatting or republishing the Digital Copy (or any part of it).

For example, a Digital Copy cannot be forwarded by a student by email to another student on the same course, to a student on another course of study or to any other individual / third party organisation.

Housekeeping (go back)

HEIs are required to apply “weeding” procedures designed to ensure that Digital Copies added to any Course Collection are routinely removed as soon as the teaching, examination and / or assessment of an individual unit or course of study is completed, unless the same course is likely to be taught in the next term / semester or academic year.

Such procedures should be invoked at least once a year, and more frequently where a course of study runs for less than twelve months.

Backup files (go back)

The licence permits HEIs to maintain backup copies of Digital Copies made under licence in line with standard computing industry practice for a database to be restored in the event of loss, damage or corruption of data. Access to backup files should be strictly limited to those Designated Persons nominated by the HEI.

There are no obligations to remove digital copies stored on backup files when a course of study has been completed. Consequently, copies on backup files can be used as an alternative to repeating the process of scanning to:

reload a Course Collection on the recommencement of the same course

OR

to populate a Course Collection for a different course of study

However, the process of reloading a Digital Copy stored as a backup file into a Course Collection must not be an automatic one – HEIs should review that the content continues to be relevant to the course of study for which it is intended. If the Digital Copy is reintroduced into the Course Collection, it must be included again in the scanning report.

Data Reporting (go back)

All licensees must compile a Digital Copy Register consisting of bibliographic and course related details for each and every Digital Copy prepared / distributed under licence. These details must be recorded on the Digital Copy Record Form, a ‘specimen’ version of which is available on the CLA website.

Shortly after 1 August 2011, the Survey Operations Dept will forward an MS EXCEL spreadsheet version of the Digital Copy Record Sheet template to the nominated Licence Co-ordinator.

The Licence Co-ordinator must ensure that details are recorded on the spreadsheet so that a complete and accurate return is collated. Please note that:

if the same Digital Copy is made available for more than one course of study, a separate entry is required on the Digital Copy Record Sheet for each course
each time a course of study is delivered to a fresh intake of students, a fresh record must be made
an entry is required on the Digital Copy Record Sheet irrespective of the means (e.g. VLE, CD-ROM, POWERPOINT presentation) used to deliver the Digital Copy to students on a course of study (although only one entry is needed for each item on a course of study even if it is used in different modes of delivery such as Distance based / attendance based, full time / part time)

Within one calendar month following 1 May 2012, a completed spreadsheet listing all Digital Copies (whether produced by scanning or by copying of digital material) made available to Course Users via Course Collections in the preceding nine month period must be forwarded electronically to CLA’s Survey Operations Dept care of the dedicated email address hescan@cla.co.uk

The data reported to CLA will inform the accurate distribution of licence fee revenue. However, unless compelled by law, it will not be used by CLA to provide evidence for or in any way pursue a claim of an infringement of copyright.

User Guidelines 1 August 2012 - 31 July 2013