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Copyright Licensing Agency (CLA) Higher Education Licence (Photocopying and Scanning books and journals).

The CLA HE Licence enables staff to make multiple copies or digital (scanned) copies of limited extracts from many printed sources for use in learning and teaching.

Please see our guide for updated information on this issue

Most copying by individual members of staff or students to support their studies or research will be carried out under the terms of “fair dealing”. However, this does not cover the making of multiple copies, for example, to give out to students in class. To enable staff to do this without infringing copyright, the University subscribes to the Copyright Licensing Agency (CLA) Higher Education Licence for Photocopying and Scanning. The current licence (2008-2011) permits the making of:

  • Multiple photocopies of limited extracts from printed sources covered by the licence (paper-to-paper);
  • Digital copies of limited extracts scanned from printed sources covered by the licence that may be stored in a course repository (e.g. Blackboard), downloaded and printed out (paper-to digital-to-paper).

The University does not currently subscribe to the licence extension which permits the storage of extracts from born-digital material in a course repository. However, the individual licences attached to specific electronic resources may permit this; please seek advice from your subject librarian in the first instance.

Material covered by the licence

Copies may only be made from material licensed by the CLA. This includes most material published in the UK and much from other mandating territories. See the CLA website for these and for current lists of excluded works. (Note that the mandating territories for photocopying are more extensive than those for scanning).

  • Multiple copies may be made from a copy (i.e. rather than from a published original) provided that the University owns the printed work, or the copy has been obtained copyright-fee paid from the British Library or similar (with cover sheet attached), or you have the written permission of the copyright holder and can produce this on request.
  • Specific types of material, as well as those from particular territories and publishers, are not covered by the licence:

Copying limits

The licence does not permit unrestricted copying, and requires the University to ensure that the specified limits are adhered to. The same extent limits apply to photocopies and to digital copies. Provided these overall limits are not exceeded, copies may be issued to students either collated as course packs or as separate items throughout the course of study. However, staff must avoid creating course packs which can clearly be shown to be substitutable for a published work, especially undergraduate textbooks (e.g. a compilation of articles and extracts which materially follow a published compilation).

For any discrete course of study (module) the proportion of any one licensed item which may be copied must not exceed either singly or in aggregate the greater of 5% of any published edition or

  • one whole article in a single issue of a periodical or set of conference proceedings;
  • one complete chapter of a book;
  • a whole poem or short story from a collection (maximum 10 pages)
  • a single law report.

No systematic or repeat copying beyond these limits is allowed.

The number of copies made of any one item may not exceed the number required to ensure the tutor and each student on the course has a copy.

Authorised recipients of copies

Copies may be made for:

  • All full-time and part-time undergraduate and taught postgraduate students, including distance learners (UK and overseas), and those on non credit bearing courses (i.e. those courses which do not lead to an award or qualification, such as Continuing and Adult Education or Continuing Professional Development). Research postgraduates are excluded from the licence.
  • The licence also makes special provision for “accessible” copies for visually impaired students and staff.

Making copies

Copies may be made in the UK only – neither paper nor digital copies may be made by staff or students based overseas. Photocopying may be carried out in the UK both on and off the institution's premises provided it is only by or for the benefit of "authorised persons" (i.e. staff and students of the University). Scanning of materials for incorporation into electronic course packs is subject to special rules; see Digitising materials for use in Blackboard for more detailed information on the operation of the scanning element of the licence.

Copying not covered by the CLA licence

For multiple copying of those items which do not fall within the terms of the CLA licence, permission will be required from the copyright owner. To ensure that the University is compliant, the Library will continue to receive and check all course pack requests and will advise as soon as possible whether further action is needed. Multiple copying may not be covered by the licence because:

  • You wish to use material which exceeds the licensed copying extent limits;
  • You wish to use material from publishers or countries for which the CLA holds no mandate;
  • The copy is sourced from a photocopy from a book, journal or magazine not owned by DMU, and where the “master copy” is not a copyright-fee paid one.

Obtaining copyright clearance

Printed course packs

The Library will undertake clearance on your behalf:

  • Submit the details of your course pack to the Library so that relevant mandates and copying limits can be checked. The form for listing your requirements is available from all campus libraries.
  • Where requests are within the terms of the licence, this will be confirmed to you soon as possible and copying can proceed.
  • Where requests exceed the limit of the licence, the Library will notify you and, if required, will pursue clearance of those items not covered by the licence.

For any items not covered by the licence, we have to deal directly with publishers for clearance, which can be time consuming. If you suspect that publisher clearance may be necessary, you are strongly advised to give the Library sufficient notice of your requirement to enable their request to be processed. In some instances this can take several weeks.

Electronic course packs

The same copying extent limits and permissions apply as for printed packs, but there are strict conditions governing the making and storing of electronic materials. Under the terms of the licence, these may be made available only via a secure network, i.e. the VLE. Staff wishing to incorporate scanned text into their module shells should consult the more detailed information at Digitising materials for use in Blackboard.

Costs and charges

  • Most multiple copying is covered by the blanket licence, paid for by the Library. There is therefore no clearance cost to faculties for CLA-licensed material.
  • Any fees charged by publishers for granting clearances will be passed back to the relevant cost centre. Such fees may vary, and the Library will obtain details of likely charges before proceeding with clearances. An F12 in respect of fees will be required from the requesting department before clearances can be processed.
  • Requesting cost centres are also responsible for payment of the reprographics charges associated with multiple copying.
  • Cost centres may sell course packs to students in order to recoup the cost of production (including any clearance fees), but may not (under the terms of the licence) make a profit. Such packs must not be resold or copied further.

Further information

There is useful further information at the FAQ section of the CLA website.