Library

Fair Dealing Explained

The Copyright, Designs & Patents Act 1988, and subsequent legislation, does allow individuals to make a single copy from a literary, dramatic, musical or artistic work under the terms of "fair dealing", without needing prior permission from the copyright owner. However, you may only claim fair dealing for certain specific purposes:

• non-commercial research or private study
• criticism or review
• news reporting

In the case of “research or private study” copying is limited to:

• One complete chapter from a book or 5% of the total, whichever is the greater
• One article from a journal issue or set of conference proceedings
• One article from an issue of a newspaper
• One single case from a published report of judicial proceedings
• One short story or poem of up to 10 pages from an anthology
• A single extract not exceeding A4 size may be photocopied from an Ordnance Survey map
• Short excerpts from musical works, but not whole works or movements, and not for performance purposes

The legislation does not specify how much may be copied from any one publication under fair dealing; but the limits given above are the generally accepted interpretation.

These limits apply to photocopying from published originals and from photocopied items held in the library’s Short Loan collection. You should ensure that your copy is not photocopied again.

“Private study” is not defined, but is intended to exclude copying for group or class study. “Research” includes that undertaken for educational purposes.
For “criticism and review” purposes, fair dealing allows copying of up to a limit of 400 words in one extract or several extracts of less than 300 words and totalling no more than 800 words.
Providing sufficient acknowledgement of the source is given, anyone may copy from a work (but not photographs) for the purposes of reporting current events, i.e. news reporting.
Copying for examination purposes is allowed by reprography, provided it is not a musical work. However, if these exam papers were to be published at a later date then permission(s) would need to be sought for any copyright material in the exam paper.

Fair dealing for the purpose of criticism or review

This exception can apply to any copyright work and copying should be restricted to extracts, which may include diagrams, pictures, etc.

The "Criticism or review" provision is interpreted by some to allow for the copying of extracts for use during a lecture to students, to discuss an artistic work/image, criticise it etc., (provided a "sufficient acknowledgement", which identifies the original work and its creator or author, is given). An example of this could be the copying of an image and including it in presentation slides, for use during that lecture. Existing copyright law (which is now over 20 years old) does not make this plain however, and this is copying relying on the "fair dealing", criticism or review defence.

If you do need an electronic copy of an image, for example, from a published work for use in a lecture, we strongly advise you get a usable, "licenced", copy of the image from the Library's Digitisation Service, rather than relying on the "fair dealing" provisions. The alternative course is to seek permission directly from the creator of the extract/image.

Out of the context of the lecture, the extract, image or diagram should definitely NOT be used, particularly on the KLE. This would be copying outside of the perceived "criticism and review" circumstances. If subsequent use of the image is needed (for instance on the KLE), a copy must be requested from the Library's Digitisation Service.

Copying Licences

Photocopying under the terms of a licence, including making multiple copies

The University holds licences which permit the making of multiple copies.

The Copyright Licensing Agency (CLA) Higher Education Basic Photocopying and Scanning Licence

The University holds a licence from the CLA (http:www.cla.co.uk) which permits Higher Education Institutions to make:

• Multiple photocopies of extracts of printed books, journals and magazines

AND/OR

• Digital copies of extracts of printed books, journals and magazines

for distribution or delivery to a group of students enrolled on a course of study.

Terms and Conditions

1. The licence permits the photocopying and/or scanning of pages in printed books, journals, and magazines consisting either wholly of text, pages consisting wholly of images (e.g. illustrations, photographs and other works produced by visual creators) and of pages consisting of a combination of text and images.
2. The licence permits the making of photocopies and digital copies sourced from books, journals and magazines either owned by the HEI or copyright fee paid copies supplied by a document supplier holding a CLA document delivery licence (usually the British Library).
3. Copying for non credit bearing courses is permitted.

Making digital copies at Keele under the CLA licence is the responsibility of the Digitisation Service and important information on how to request scanned items can be found here

Books and Journals

The CLA HE Basic Licence enables students and members of staff to photocopy extracts within clearly defined limits from books, journals, periodicals, periodicals, conference proceedings and law reports published in the UK, Australia, Canada (including Quebec), Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Jamaica, the Netherlands, New Zealand, Norway, Republic or Ireland, Singapore, South Africa, Spain, Sweden and Switzerland and a limited number of publishers in the US.

Certain authors, publishers and categories of published works are excluded from the licence, and they can be viewed here

How Much Can Be Photocopied?

The amount of a book, journal, or other work that can be photocopied or scanned is restricted to whichever is the greater of:

• Up to 5% or one chapter of a book
• Up to 5% or one article of a journal issue
• Up to 5% or one paper from one set of conference proceedings
• Up to 5% or one case of one report of judicial proceedings
• Up to 5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages

You may make multiple copies up to the number of copies required for each student on the module, plus one for the tutor. Copies may be made up into module packs, as long as copying limits listed above are observed. There should be no systematic or repeated copying of the same licensed material by the same set of students in the context of any one module.

Students may be charged for these copies on a cost-recovery basis only; no profit must be made.

Visually Impaired Persons

The CLA Basic Photocopying And Scanning Licence also allows HEIs to make and supply accessible versions of printed books, journals and magazines to students and members of staff who are visually impaired, subject to the HEI owning and original published edition of a title which is not otherwise commercially available in an alternative, accessible, format.

Specifically it allows:

• Making of “accessible copies” of a part or a whole of a work by or for visually impaired individuals, in a format that is more accessible to the visually impaired person
• The visually impaired person must have either bought the master copy or there must be a copy in the University Library
• If a commercial, accessible, alternative exists, copying is not permissible
• Copies must not infringe moral rights or commercial exploitation
• Copies must contain a statement that it is a copy made under CLA Licence for the personal use of a Visually Impaired Person and may not be further copied in any form; plus author/title/publisher details
• Copies are for the personal use of the recipient only
• Only available to educational bodies or not-for-profit agencies
• Does NOT apply to music works or databases

Copyright - Some Common Academic FAQs

Copyright is an issue you need to take into account when creating any online teaching materials. Although academic staff are creating a module within the KLE, and only registered students can access it, you still need to consider the resources you are using and take care not to infringe other people’s intellectual property rights.

If you have any doubts about whether you need copyright permission for a particular item it is always best to check first. Copyright provisions relating to works in electronic format are not the same as for those applying to print works.

A selection of common copyright questions is below.

Can I make electronic copies of chapters from books and articles from journals with my scanner and make them available to students on my KLE site?

Yes, BUT ONLY if you get permission in writing from the author/publisher to do this. Keele University Library's Digitisation Service is licensed to do this for Keele academic staff. Staff can request scanning of material from the library's collection, although the content must be covered by the licence and some restrictions apply. For any question on the Digitisation Service, email: scanning@lib.keele.ac.uk ext. 34184

What if I wrote the paper and it has been published in a journal? Can I not freely make digital copies of my own work and make it available on the KLE?

Generally, the author is the copyright owner of a work, and is free to do this. However, it is worth checking whether your publishing contract has assigned any copyright in your work to the publishing company, and whether this restricts your options regarding copying and distributing your work electronically.

I want to use images I've scanned from a book in my powerpoint lecture slides. What can I do?

We recommend you get a usable, "licenced", copy of the image from the Library's Digitisation Service, provided the image is available from eligible works owned by the institution. If not, we recommend you seek permission from the creator of the image.

What about images or text from the internet? Can I use them?

Not without the permission of the author/photographer. Although the images and text may be freely available from the internet does not mean they are not protected by copyright. You can't "cut and paste" information or images into your KLE site from another site without checking any copyright notices from the source, or getting permission from the creator of the image (who owns the copyright in it).

Permission from the rights holder should be sought, and websites should be checked for any copyright information, terms of use or disclaimer. Most reputable organisations have their terms and conditions displayed or linked to from their home page, and you should take the time to read them and note any restrictions. Contact details for website owners or administrators are often provided.

Can I set up links on WebCT to electronic journal articles available from the library's online e-journal collection?

Yes, but you must only use the actual link to the journal title or paper which is provided by the online journal service. Downloading a PDF copy of the paper from the service and placing that on the KLE for your students to download is actually a breach of online service terms and conditions. Remember also that some e-journals may only be available "on campus". If you need advice on linking to electronic journal services, you can contact the Library Electronic Resources Manager or your school Liaison Librarian (see our contacts page for details).

Can I put links to other websites from the KLE?

Yes, this is fine although it is generally considered "good practice" to:

• link to the "home page" of the site concerned, as far as possible avoiding a "deep link" to a specific page or resource (if anything a deep link might be unstable and apt to be re-located on the web site or removed)
• ensure the link opens in a new browser window (this makes it clear you are "leaving" the KLE and visiting an external website)

What about "Fair Dealing"? Doesn't that allow me to use what I like for educational purposes?

"Fair Dealing" is commonly recognised as you making a copy for yourself or making a single copy for another person (more details are to be found under "Fair Dealing Explained"). It does not cover multiple copying of extracts or articles, this must be done under the CLA Basic Photocopying And Scanning Licence, or with the permission of the rights-owner.

What happens if copyright is breached? If I infringe copyright am I liable?

The answer is yes, you are responsible for your own actions and therefore personally liable. Any breach of copyright is actionable by the copyright owner under the Copyright, Designs And Patents Act 1988, and dealing in illegal copies may also be construed as a criminal offence. Keele University's role is to make its staff aware of the facts as they stand relating to copyright law and licences, but what happens thereafter is your responsibility.

Copyright And The Internet

You may find that the creators of websites give explicit permission to use their materials freely. If this is not the case you should treat material on the web as though it were in paper form and apply the same copyright guidelines. Always look for copyright information, which is usually on or linked to from the website’s home page.

You should not place other people’s material on your own web pages unless you have obtained copyright permission.

Placing material obtained from the Internet onto your own web pages carries risks. Even if a site supplying the material declares that copyright will not be asserted and that it can be used freely, the site itself may not be the ultimate copyright holder.

Making reference to an individual URL or email address within your own site does not itself break copyright law, however links to internet sites should not bypass the home page as this may contain important copyright information.

Remember, when compiling your own web pages make sure the materials you use are either your own copyright, or you’ve obtained permission from the copyright holder to put them there. You must not scan photographs, diagrams etc. or use audio/video clips without first obtaining permission from the copyright holder as this would make you vulnerable to copyright infringement.

Using Other Types Of Copyright Works

Short Loan

Under the terms of the CLA Basic Photocopying And Scanning Licence photocopies, within the copying limits already outlined, may be placed in Short Loan provided one of the following applies:

• the book or journal is already in Library stock
• the item is “copyright waived” (e.g. an HMSO publication)
• the copyright holder has given written permission
• the item is from the British Library Copyright Cleared Service

Request forms for the BL Copyright Cleared Service are available from the Main Service Counter in the Library.

There is a standard photocopying charge of £4.25 per copy, plus a variable copyright fee of at least as much again. The Library suggests a ratio of one copy per fifteen students up to a limit of 4 copies of any one item. Inter-Library Loans staff will be happy to provide more information. (email: lic03)

Module packs may now be placed in Short Loan provided that any copies which may potentially be made by students do not exceed the number on the module.

Note that photocopies supplied for an individual by the Inter-Library Loans service may not be placed in Short Loan.

Online Reading Lists

Digital copies can be cited in an online reading list organised by reference to a course of study but should not be indexed or listed in a general library catalogue.

Hyperlinks can be used to enable staff and students to browse a list of entries in an online reading list and link from the citation to the digital copy.

However, the process of browsing, linking and viewing a digital copy should not facilitate a digital copy being downloaded and printed out by anyone other than a course user.

Course Packs And The Licence

Under the CLA Basic Photocopying And Scanning Licence, course packs are included, and there is no limit to the number of items in a course pack. Staff may photocopy items for inclusion, but should not exceed the amounts from individual publications stated on our licence guidance page. Any items which exceed these stated amounts fall outside the licence and clearance to copy must be obtained from the rights holders.

Newspapers

The University holds a Newspaper Licensing Agency (NLA) licence, which covers UK national newspapers and the local Sentinel/Sentinel on Sunday and permits the copying of articles for teaching and management purposes.

You may make up to 250 copies, for internal University use (including study packs) of articles from newspapers covered by the licence. Photographs and advertisements may not be copied, nor may you copy whole newspapers. The licence does not cover the digitisation of printed newspapers or printing copies from online versions of newspapers, whether free or subscription, where you should follow the relevant service’s terms and conditions.

Copies made for student study packs should include the notice, "NLA Licensed Copy. No further copies may be made except under licence".

Further particulars about the NLA licence may be obtained from the University Secretary’s Office.

Maps

The University has an Ordnance Survey Educational Copyright Licence, which permits the copying of printed OS maps, and the use of digital map data, for teaching, education and research purposes within the University. Every reproduction must carry an acknowledgement. It does not cover digitising and scanning of OS mapping.

For further advice about maps and copyright email the Map Library; mapenquiries@lib.keele.ac.uk

Crown and Parliamentary Copyright Material

In the interests of more transparent and open government, HMSO has waived the copyright in a number of categories of Crown and Parliamentary copyright material. In many cases, works in these categories may be photocopied in their entirety and copies may be supplied to others, provided that the material is not used in a derogatory or misleading manner, and the source is acknowledged.

A series of HMSO guidance notes gives details of copyright waived materials and include the "Letter to Librarian" on the photocopying of Parliamentary Copyright material.

Database Services

Downloading from the Library’s subscription database services (e.g. EBSCO, Proquest UK News Stand, Digimap) is usually permitted only under the terms of the licence as part of the service contract. This will differ from database to database, so it is advisable to read the terms and conditions under which the database is supplied. It is generally assumed that downloading for personal use is permissible.

Scanning And Document Provision - The CLA Licence In Detail

What can be scanned?

Printed books, journals and magazines published in the United Kingdom and the USA can be scanned, subject to not being listed in either:

The list of Excluded Works (photocopying and scanning)
OR
The list of Works Excluded from Scanning under the CLA HE Basic Photocopying and Scanning Licence as published on the CLA website

How Much Can Be Scanned?

• Up to 5% or one chapter of a book
• Up to 5% or one article of a journal issue
• Up to 5% or one paper from one set of conference proceedings
• Up to 5% or one case of one report of judicial proceedings
• Up to 5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages

Images

The CLA HE Basic Photocopying and Scanning 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 (such as a diagram or figure).

ebooks And ejournals

The CLA HE Basic Photocopying and Scanning Licence does not incorporate any rights for digital copying. The terms and conditions applying to the use of electronic books and electronic journals are set out either in direct agreements with publishers or with groups of publishers through agreements, where applicable.

Course Collections – How Digital Copies Are Supplied

To ensure that digital copies can only be accessed by those students on a course of study for whom the digital copy has been created, HEIs are required to place digital copies into course based collections. Please read the following notes on how to deliver digitised documents on the KLE:

Adding A Digitisation Link To The KLE - Guidance Notes For Staff  

This requirement corresponds with standard practice in HEIs for organising course materials into a series of self-contained module based “silos” or course repositories where each course designer is responsible for building a collection of learning and teaching materials tailored for a specific module.

HEIs are required under the CLA HE Basic Photocopying and Scanning Licence to apply strict procedures for Secure Authentication (by some combination of user name, password or other course enrolment key) to make sure that a digital copy created under licence is limited to enrolled students).

In this framework, digital copies cannot be stored in “open” resources such as a publicly accessible institutional repository, electronic reserve or searchable “digital library”.

However, the course collection framework does allow;

The same extract of a book, journal or magazine to be used by more than one discrete course of study.

A digital copy of a different part of the same book, journal and magazine can be made available to students on another course of study.

Who Can Create And Add Digital Copies To A Course Collection?

The permission to create and add Digital Copies to a course collection is restricted to a group of designated individuals nominated by the HEI.

For the purposes of good practice and audit procedures, it is recommended that HEIs keep accurate and up-to-date records of designated persons.

At present all designated persons are from within the university library staff.

Copyright Notice

All digital copies must contain in a prominent place a Copyright Notice that includes the form of words and the bibliographical/course information set out in the CLA HE Basic Photocopying and Scanning Licence. All digitisations produced by the Library service include this notice on page 1.

Who Is Entitled To Access Digital Copies?

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

Students registered for that course and members of staff and visiting academics teaching or auditing the course.
Officers contracted by regulatory agencies such as the Research Assessment Exercise.

However, other Authorised Persons may view digital copies (for instance a need to assess a set of course readings might be relevant, for example, to the process of a student selecting or transferring to another course of study).

Related Websites

Further Guidance:

• Copyright Licensing Agency
• JISC Legal Information Service Intellectual Property Rights Overview

Acknowledgement

In compiling these pages the help of the following universities is gratefully acknowledged: Glasgow Caledonian University.