Copyright

This web page provides guidance on copyright, including electronic copyright. It is a guide for Keele University staff and students, particularly those who need to make photocopies for work or study purposes. It does not constitute official legal advice.

Need a quick answer to a copyright question? See our quick guides or the FAQ section below.


The Legal Framework

The Copyright, Designs and Patents Act 1988

Copyright in the UK is regulated by the Copyright, Designs and Patents Act 1988, and subsequent legislation. This gives legal protection to the creators of original material against unauthorised exploitation of their work by others. All original works, whether published or not, are automatically protected by copyright law. The format (e.g. manuscript, printed, electronic) is immaterial.

Responsibility for infringement of copyright rests with the person making the copy, not with the providers of the equipment. Owning a copyright work yourself does not give you the right to copy it freely.

Copyright protection lasts between 25 and 70 years, depending on the type of material. While a work is protected, unless you have the copyright owner’s permission, you are prohibited from copying, apart from under the following conditions:

  • Fair dealing
  • Copyright licences

How Long Does Copyright Last?

It depends on the work. Generally, they are as follows:

Literary, dramatic, musical or artistic works
Copyright lasts for 70 years after the year of a known author’s death. For unknown authors it expires 70 years from the end of the calendar year in which the work was first made available to the public. If a work is produced by two or more authors then the copyright lasts for 70 years after the last of the authors to die.

Photographs
Photographs are protected for 70 years after the death of the photographer. However if they are subject to “Crown Copyright” then it applies for a maximum of 125 years; if subject to “Parliamentary Copyright” it applies for 50 years from the taking of the photograph.

Sound Recording, Broadcasts, Cable Programmes And Computer Generated Works
Copyright lasts for 50 years from the end of the year they were made, released or first broadcast.

Typographic Arrangement
Typographic Arrangements are protected for 25 years after the end of the year in which the edition was first published.

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.

Copyright law has been amended in 2014 to allow use of images in slides for illustration and instruction during lectures, provided they are accompanied with a sufficient acknowledgement of the source. The amount you copy from any work has to be "fair dealing" though, and less than 5% is what is usually regarded as "fair". The slides containing the images may also be relayed on the KLE within the module's content area, but may not be used outside of this context (i.e. posting to the general internet, for example blogs, wikis, public-facing websites and so on).

Copying for the purposes of instruction has now also been widened to include ALL copyright works, and now allows copying using a reprographic process; it must only be a small ("fair") proportion of the work, but the exception now allows copying of films, music or broadcasts for using in a teaching session. The copies must be for illustrative purposes and accompanied with an acknowledgement. Of course, such copies may not be used outside of a teaching session context or VLE content area.

The 2014 amendments also states that any existing licensing scheme takes precedence over the new exception. This means that the CLA Licence takes precedence if you are intending to provide multiple photocopies to a student group, or use scanned chapter extracts or journal papers from published material for use on the KLE. This still has to be done under the CLA HE Licence, and therefore by the Library's Digitisation Service.

For more on this, see the FAQs section below.

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 Licence

The University holds a licence from the CLA 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.

Academic and/or administrative staff can produce as many photocopies of an extract as needed to ensure that each student taking the relevant module has access to a copy.

For electronic copying, the Library's Digitisation Service is tasked with creating electronic copies under the CLA HE licence. Visit the service homepage for more details on this service and how it can be used.

What Can Be Copied Under the CLA HE Licence?

Text and still images from most printed books, journals and magazines published in the UK and many published overseas, plus many digital publications.

You can check whether a publication is covered by using the CLA's Check Permissions website.

Who Can Receive Copies?

Registered students and members of staff, in connection with a specific module.

How Much Of A Work Can Be Copied?

You can copy up to the following amount for each module:

  • one whole chapter of a book
  • one whole article of a journal issue/magazine
  • one whole scene from a play
  • one whole paper from one set of conference proceedings
  • one whole report of a single case from a volume of judicial proceedings
  • one short story, poem or play (not exceeding 10 pages in length) from an anthology...

...OR 10% of the total publication, whichever is the greater

Copyright - Some Common Academic FAQs

Copyright is an issue you need to take into account when creating any online teaching materials. Although only registered Keele staff and students can access material on the KLE, you still need to consider any third party copyright material 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.

From June 2014, a number of amendments were introduced to the Copyright, Designs and Patents Act (CPDA) which have extended the exceptions to copyright for non-commercial research and private study, and for education and instruction purposes. These amendments have been published online and can be viewed in full here. Below are some common copyright Q&As relating to teaching and education.

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?

Keele University Library's Digitisation Service is licensed by the Copyright Licensing Agency (CLA) 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: library.scanning@keele.ac.uk ext. 34184. We recommend you consult the service if you're intending to copy extracts from journals or books for use on the KLE. Otherwise you will have to demonstrate you yourself have cleared copyright permissions with the owner of the copyright in the work.

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 publisher, and whether this restricts your options regarding copying and distributing your published work electronically.

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

The 2014 CPDA amendments now allow use of images in slides for "illustration and instruction" during lectures, provided they are accompanied with a sufficient acknowledgement of the source. Also, the amount you copy from any work has to be "fair dealing" though, and up to 5% is what is usually regarded as "fair". The slides containing the text/images may also be relayed on the KLE within the module's content area, but may not be used outside of this context.

Copying for the purposes of instruction has now also been widened to include ALL copyright works, and now allows copying using a reprographic process; it must only be a small ("fair") proportion of the work, but the exception now allows copying of films, music or broadcasts for using in a teaching session. The copies must be for illustrative purposes and accompanied with an acknowledgement. Of course, such copies may not be used outside of a teaching session context or VLE content area. Lecture slides containing the third party material which have been recorded using Keele's lecture capture system, are also covered.

If you are intending to provide multiple photocopies to a student group, or use scanned chapter extracts or journal papers from published material for use on the KLE, then you need to rely on the CLA Higher Education Licence to cover this copying. For digitisation, contact the Library's Digitisation Team, who digitise extracts from copyright works under the CLA HE Licence.

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

As above, the 2014 CPDA amendments now allow use of images in slides for illustration and instruction during lectures, provided they are accompanied with a sufficient acknowledgement of the source, the copying is fair, and the copies are only used in the context of providing instruction and no other. We would advise though, that images are sourced from published works that can be fully acknowledged - or if using internet sources, try and use copyright free images sources or those licensed under Creative Commons terms and conditions.

I want to show the students a recording of a broadcast television programme during my lecture. Can I record it and use it?

Keele holds a subscription to the UK Box of Broadcasts service. This enables all UK staff and students at Keele to choose, record and catch-up on programmes from 60+ TV and radio channels which have been broadcast in the last 30 days. The recorded programmes are then kept indefinitely (whilst Keele remains a subscriber) and added to a growing, searchable media archive (currently at over 1 million programmes), with all content shared by users across all subscribing institutions. Click here to find out more.

Can I set up links on the KLE 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. These days publications have a unique web address known as a Digital Object Identifier (DOI) which is a permanent link to a published journal paper or book. Downloading a PDF copy of the paper from a service and placing that on the KLE for your students to download is not recommended. If you need advice on linking to electronic journal services, you can contact the Library's Electronic Resources Manager or your school Liaison Librarian (see the Library's 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 is "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"). The 2014 amendments and the CPDA outline what is acceptable and fair copying for non-commercial research and private study.

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

Potentially yes - the person doing the copying is liable for any act infringing copyright. 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.

**Please note, the above is an interpretation of the law and not formal legal advice**

Copyright And The Internet

As above, the 2014 copyright amendments now allow use of material in slides for illustration and instruction during lectures, provided they are accompanied with a sufficient acknowledgement of the source, the copying is fair, and the copies are only used in the context of providing instruction and no other. We would advise though, that copyright free images sources or those licensed under Creative Commons should be preferred.

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 fair copyright guidelines. Always look for copyright information, which is usually on or linked to from the website’s home page.

Using Other Types Of Copyright Works

Short Loan

Under the terms of the CLA HE 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 above. Any items which exceed these stated amounts fall outside the licence and clearance to copy must be obtained from the rights holders.

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@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 European Newsstream, 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/photocopied?

Text and still images from most printed books, journals and magazines published in the UK and many published overseas, plus many digital publications.

You can check whether a publication is covered by using the CLA's Check Permissions website.

Who Can We Make Copies For?

Registered students and members of staff, in connection with a specific module.

How Much Can We Copy?

  • one whole chapter from a book
  • one whole article of a journal issue/magazine
  • one whole scene from a play
  • one whole paper from one set of conference proceedings
  • one whole report of a single case from a volume of judicial proceedings
  • one short storypoem or play (not exceeding 10 pages in length) from an anthology...
  • ...OR 10% of the total publication, whichever is the greater

Images

The CLA HE 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).

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 StaffAdding 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 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.

Links to our digitised documents are stored on a secure website hosted by the Copyright Licensing Agency. Students can also access their module's readings from the Library's Library's Talis Aspire reading list system. 

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 Licence. All digitisations produced by the Library service automatically include this notice.

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:

Copying for Visually Impaired Persons

UK Law allows 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.

The Library currently provides a digitisation service for Visually Impaired (VI) students.

Specifically it allows:

  • Making of “accessible copies” of a part or a whole of a work by or for people with a disability (including visual impairment conditions such as dyslexia) that affects their ability to read and/or access content.
  • The visually impaired person must have either bought the source 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 the relevant legal copyright exception 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