Digitisation and Using Copyright materials for teaching

Introduction

The University is required to annually report the usage of copyright material for teaching purposes to the Copyright Licensing Agency (CLA). If you wish to use scanned or downloaded materials you will need to request the materials via your online reading lists on Talis Aspire. The system will then check that it is permissible to use the required material and the library will digitise (i.e scan) the material and upload it to your reading list. If you require help with updating you reading list please contact the library on libread@essex.ac.uk.

If you wish to find out more concerning the digitisation of copyright material, please see the further information section below or contact us on  libdig@essex.ac.uk

Please note: The CLA run a programme of Audits, whereby they visit HEIs from time to time to help ensure compliance with the Licence. The priority of an Audit is for the CLA to determine that Digital Copies are in accordance with the terms and conditions of the Licence but can also include promoting compliance with all terms and conditions (including the making of photocopies and the making of printouts/downloading from 'born' Digital Material).

Guides to Requesting Digitisation

Requesting Digitisation step by step via Library Reading lists (Talis Aspire)


 

Why is the library managing the provision of copyright materials for teaching?

The CLA rules for reporting the use of copyright material for teaching purposes have changed under the 2016-2019 licence . This means that the previous system of reporting can be replaced with an automatically managed system, to do this the library will be using the online reading system Talis Aspire to manage the University's digitised content.

What are the advantages?

  • You will no longer have to scan any material
  • You will no longer need to check whether the material can be legally digitised or copied.
  • The library has an agreement with the CLA and the British Library to be able to provide a second extract from a copyrighted work.
  • The library can obtain copyright compliant copies of materials not owned by the University.
  • The library may be able to obtain copyright compliant materials from the U.S. which are not included in the CLA licence.

What we do

The Talis Aspire 'concierge' check the CLA permissions database for any request submitted. If the request fits with the HE CLA licence you will know straightaway and all we will do is scan the required material and upload it to your reading list.

If the request permission is outside of the CLA permissions database the request will be referred to the library and we check:

  • If we own the publication, we will check the publisher against the CLA licence.
  • If we don't own the publication, we'll check with the British Library.
  • If the British Library cannot digitise the material for us within the terms of the licence we will check the publisher.
  • If the publisher is in the U.S. we will purchase the permission and the scan from the Copyright Clearance Center.
  • If the material is by a foreign publisher not covered by the CLA or the CCC, it is unlikely we will be able to obtain permission to digitise.

the CLA He LicenCe

The CLA licence covers the copying of most UK publications and a number of US and international publishers. There is a new CLA licence 2016-2019

You can check permissions yourself by using the CLA website and the following link : check permissions

Can I Make Digitised (Scanned) print material available on Moodle or ORB?

No. The University must submit an annual report to the CLA recording all copyright material that has been digitised including details as to the course, student numbers, source material and number of pages digitised. This annual reporting process has now been automated via Talis Aspire, so all scans must now be requested and uploaded via your reading list on Talis Aspire.

Can I make 'Born Digital' (Downloaded) material available on Moodle or ORB?

Yes, as long as it is permitted by the individual resource licence (there must be provision in the licence to allow use in a course managment system) or, if it is permitted under the CLA HE Licence because a particular publisher has agreed to this form of use. However, we recommend that instead of downloading a digital copy, simply direct link (see below) to the material in question.

You can check permissions yourself by using the CLA website and the following link : check permissions

Please note: where publishers' primary licence does not provide the necessary permissions to copy, the CLA HE licence can be invoked to authorise copying. Conversely, where the primary licence agreement is invoked to authorise copying, the terms and conditions of the CLA Licence (for example, with regard to the Copyright Notice and reporting requirements) do not apply.

Please note: digital copies of copyright material may not, under any circumstances, be made available on the publicly accessible internet.

Can I use limited extracts in Powerpoint (or similar presentation software) slides?

The Copyright, Designs and Patents Act 1998, Section 32, allows use of extracts of copyright material for the purpose of 'Illustration for instruction'. However, there are a number of considerations to take into account if you wish to rely in this exception:

  • all types of copyright works can be copied for the sole purpose of illustration for instruction – to illustrate a teaching point
  • use is subject to fair dealing - so copying is limited to what is required for the purpose and must not impact on the rights holder
  • copying must be done by a person giving or receiving instruction
  • copying must be for a non-commercial purpose only
  • the work must be sufficiently acknowledged

See also: Intellectual Property Office - Exceptions to copyright: Education and Teaching

Linking directly to eBooks and eJournal articles

A direct link (also known as persistent links or durable urls) to an article or eBook can be used as an alternative to saving and storing an electronic copy i.e. if you directly link to materials you are not making a copy and so are not invoking copyright law or the CLA licence.

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. Because the library maintains these urls you will not need to edit you own links if the actual url changes.

If you wish to provide a direct link to a journal article or eBook yourself that is properly routed via the library authentication system, please contact the library on e-mail: libdig@essex.ac.uk.

Or you can do this yourself by 'rewriting' the url to include a 0- after the // and serlib0.essex.ac.uk and the end of the base url as below:

For example: Jennifer Bond Excluding Justice: The Dangerous Intersection between Refugee Claims, Criminal Law, and ‘Guilty’ Asylum Seekers
International Journal of Refugee Law (2012) 24 (1): 37-59

http://ijrl.oxfordjournals.org/content/24/1/37.full.pdf+html

Becomes

http://0-ijrl.oxfordjournals.org.serlib0.essex.ac.uk/content/24/1/37.full.pdf+html



Enquiries

Library
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libline@essex.ac.uk