In this blog post we look at what publications can be used as source copies under the CLA licence and what publications can’t.
Under the CLA Licence terms and conditions, the licensee must own or subscribe to the publication from which they wish to copy, with the exception of free-to-view material. But what is considered a suitable source copy?
To put it simply, suitable source copies are publications (print or digital) that are owned or subscribed to by your organization. For example, a physical copy of a book that it kept in the library or an online journal that is subscribed to by the university.
Source copies can also include:
- Copyright fee paid copies, e.g. an article that you have purchased from the British Library and paid the copyright fee
- Print publications that are owned by your HEI but not necessarily purchased, e.g. acquired as donations or via bequests
- Material delivered via a media monitoring service
It’s important to note that print publications owned or subscribed to by your organisation don’t necessarily need to be catalogued and/or held in your main library collection (though this is generally more practical). Also, if a print publication is lost, stolen or damaged, or is disposed of (e.g. as part of stock management policy) after a copy has been made from it, that copy can continue to be used under the Licence – but you might want to keep a record of it if this situation arises. Decisions on whether or not to replace lost, stolen, damaged or removed publications shouldn’t be influenced by the existence of such copies.
But what can’t be used as a source copy? Any publication that is not owned or subscribed to by the organisation cannot be used as a source copy. For example, if an individual staff member owns a copy of a book, it cannot be copied from under the CLA licence terms. However, there are certain exceptional circumstances to this rule, for example if the publication in question is very old, and no longer available to purchase, including on the second-hand market.
Source copies also do not include:
- Publications borrowed on inter-library loan (either from the British Library or from another library, including HE, FE and NHS libraries)
- Library privilege copies acquired from other libraries, including the British Library. The use of these to make further copies may be permitted under exceptions to copyright but is not covered by the Licence. For further information see the IPO guidance on exceptions at: https://www.gov.uk/guidance/exceptions-to-copyright
In cases where your HEI or organization doesn’t own or subscribe to a source copy, you have the option to buy a copyright fee paid copy of the relevant extract and then use this as a source copy under the Licence.
If you found this blog post useful, make sure to visit our brand new Education Knowledgebase for more FAQs and information around the CLA Education Licenses. Additionally, if you would like further information around an aspect of the licence, you can submit a request for an article here.