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The Albert Sloman Library |
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Whilst library staff endeavour to give guidance in these matters, it is ultimately the responsibility of the individual student or staff member of the University to abide by the legislation and CLA agreement. You are responsible for your own actions. So please - BE WARNED! Copyright & The Albert Sloman Library The Albert Sloman Library collections in print and electronic format (e.g. e-journals, e-books and online databases) are subject to copyright law and publishers' licensing terms which cover photocopying, scanning, printing, downloading and re-use of content. Please be aware that it is the individual's responsibility to ensure their actions do not breach copyright or license agreements. Any infringement can result in serious legal consequences. Notices are placed beside all photocopying machines and scanners in the Library drawing attention of users to copyright regulations. Further notices and guidance are accessible from the e-resources pages on the Library website (e.g. Database Menu, E-journals and E-books pages). Articles from journals not in the Library If a particular article has been recommended as reading and is from a journal to which the Library does not subscribe the Subject Librarian will obtain a copyright-cleared photocopy of the article via the British Library. After the Library has acquired copy-right clearance, the copies are placed in the Library's XD Collection. Any photocopied material which you wish to deposit with the Library is subject to the conditions of the Copyright Licensing Agency which requires us to seek copyright permission. Copyright: General Introduction What is copyright? Copyright gives legal protection to the creators of original material against unauthorised exploitation of their work and covers the reproduction, publication, dissemination or performance of anything that is written, printed, recorded, or produced in any form, including printed and electronic material, illustrations, films, recorded music, computer software, and all intellectual property. Copyright in the UK is governed by the Copyright, Designs and Patents Act 1998, as amended. How long does copyright last? Copyright usually provides protection for a specific
period of time. When that time elapses, the material is considered
to be in the public domain. Copyright normally exists until 70 years
have elapsed from the year of the creator's death, but even if the
literary content of a work is out of copyright, copyright exists in
the typographical arrangement of a published work for 25 years after
the end of the year in which the edition was first published. Who owns copyright? The Act specifies who is the first owner at the time of creation or production but copyright can be assigned by the owner to another, e.g., the author of an article in a journal can assign copyright to the publisher of that journal. What can I copy? It is not permitted to copy any copyright material
unless the material falls into one of the categories below: Single copies for private study or research By an individual or someone on their behalf. What is 'Fair Dealing?' The law permits the copying of copyright material for private study and research within certain limits and this permission is sometimes referred to as 'fair dealing'. Currently it is uncertain whether fair dealing extends to scanning, digitising or downloading but some advice is provided below. Fair dealing is not a legal right and is
strictly limited as follows: The accepted guidelines
for what constitutes fair dealing are: Can I Scan/Digitise printed material under Fair Dealing? It is probably reasonable for you to scan a copy of copyright material for your own personal use provided that it is within the guidelines for fair dealing outlined above. Multiple copying of the same item is not permitted under fair dealing but is permitted under the University's license with the Copyright Licensing Agency within certain limits (see below). Multiple copies for Teaching Purposes Can I make multiple photocopies for Course/Study Packs? Reproducing copyright material for Course Packs is governed by the University's licence with the Copyright Licensing Agency: Basic HE Licence. Please note that it is your responsibility to ensure you are copying within the terms of the licence by checking the licence and its the HE Basic licence user guidelines. Can I Digitise (Scan) printed material for Course/Study Packs? Yes provided that it is undertaken or administered by a 'Designated Person' and within the limits described in the licence. See: Basic HE Licence and HE Basic licence user guidelines An administrator in your department should be designated for this purpose, and be responsible for keeping records of all scanned copyright material in order to be able to report details of every item scanned under the terms of the licence to the CLA. What works are excluded from the HE licence?
Permission to copy should always be sought direct from the
publishers if the copyright material specifies that it is excluded
from the CLA Licence. Details of excluded works are available from
the CLA website but they broadly fall into the following categories:
See also: US excluded publishers. Electronic Resources Access to and use of the Library's subscription-based electronic resources are subject to individual contractual agreements and licenses with vendors, which impose certain conditions and restrictions on use. All users of these resources must comply with the particular terms of use associated with the resource, especially those terms that specify restrictions on the amount you may download or store electronically. Can I make copies from electronic works/resources for personal use or private study? In general most
electronic resources give permission to: It is
not permitted to: Can I make a copy of materials from an e-resource available on a secure network (CMR or Moodle)? Generally it is not permitted to download material from an e-resource and make it available through a network or Virtual Learning Environment (VLE) i.e. WebCT, Moodle or the Course Materials Repository, unless you know this is specifically allowed under the providers' terms and conditions or you have obtained permission from the rights holder. If you wish to use an e-resource for this purpose you are advised to consult the license terms for that journal, normally available on the provider site and/or obtain permission from the rights-holder. Alternatively, you can provide a direct link to the article (also known as persistent links or durable urls) rather than saving and storing an electronic copy. The Library provides a persistent link in all its catalogue records, this link allows title level linking and ensures the user is authenticated as a bona fide University of Essex member. Further, because The library maintains these urls you will not need to edit you own links if the actual url changes. Information on direct linking is often also provided on the publishers site. *The systematic downloading of whole issues of journals or complete e-books is not permitted and jeopardises access for the entire University and may result in the publisher or vendor withdrawing their service from the University. Can I make copies of material on the Internet? Even if material is freely available over the on the Web it is still protected by copyright. If you cannot find a copyright statement you should assume that you need permission to copy the material although printing or saving a single copy for personal study or non-commercial research is probably acceptable. Further Information How do I obtain permission from publishers? If in doubt about copyright of
particular items you should write to the publisher for permission.
It is important to allow enough time to obtain permission from the
publishers before the materials are needed and it is recommended
that the information provided in making the request includes the
following: Additional help for visually impaired persons The Copyright (Visually Impaired Persons) Act 2002 permits copies of published works to be made in an 'accessible' format for the use of 'visually impaired persons'. Crown Copyright Crown copyright exists in works 'made by Her Majesty or by an officer or servant of the Crown in the course of his duties' such as legislation, government reports and other official material. If the work in question was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published. Conversely, if it is not so published, Crown copyright will last for 125 years. The Crown has waived their copyright in certain documents and whilst this makes it significantly simpler to deal with the works in question, the Crown has issued guidance notes on how such works can and should be used and should always be checked before making any copies. Office of Public Sector Information - Crown copyright | Copyright guidance | Parliamentary copyright Useful links University of Essex: IPR and copyright guidance | Scanning of copyright material for use on courses. |
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