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Staff Copyright Guide

CLA Copyright Licensing Agency homepage

CLA licence

The University of Derby holds a CLA (Copyright Licensing Agency) licence which permits staff to make multiple photocopies of extracts from books and journals owned by the University of Derby for use by students or by lecturers in the course of teaching.

The CLA licence also allows for the scanning of extracts from books and journals owned by the University of Derby or from a Copyright fee-paid copy obtained from the British Library. If you would like digital copies of key chapters or articles for students on their Resource Lists and on Course Resources the Library runs a Digitisation Service

Requests are quick, usually with an average turnaround time of 5 working days. The digitised content is accessible and can be downloaded or printed off by students with no restrictions on access. 

You may not request a scanned copy of a print journal article or book chapter if a digital version is already available, i.e. via an eJournal or an eBook subscribed to by the Library.

Use the quick and easy CLA Check Permissions tool to check if the journal or book is covered under the CLA Licence.

Copying Limits

The CLA licence does not allow for unrestricted copying, and the University is required to ensure that the limits specified in the licence are observed. These limits apply to both photocopies and digital scans.

Copies may be included in either print or electronic course packs or as handouts in lectures or tutorials. However, staff must ensure that in creating such course packs they do not create a collection which could serve as a substitute for a published textbook, i.e. textbook substitution, and save the students from the need to purchase such textbooks.

The amount copied must not exceed, whichever is the greater, either 10% of the overall work 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.

The number of copies made are only enough to ensure that the tutor and every student on the course has a copy.


 

What cannot be copied under the CLA licence?

Certain materials are excluded under the terms of this licence: these include printed music (including the words), maps and charts, newspapers, workbooks, work cards or assignment sheets, unpublished material, and any publication expressly excluded from the CLA licence by the publisher.

Some materials that are excluded from the CLA licence are governed by separate licences held by the University. See, for example, NLA Licence for newspapers.

Inspection, proof or pre-publication copies supplied to you by publishers for review or on a sample basis cannot be copied, as these are not considered 'published' material. The licence does not cover copies made from your own personal library, unless the Library also owns its own copy, or the book in question is unavailable on the retail market, new or second-hand, and is not within the British Library's collection.

If the CLA Licence does not include the copying of the publication, then it is possible to copy a limited amount (5%) for students using the Copyright, Designs and Patents Act 1988 (this is subject to Fair Dealing). If you wish to copy material that is not covered by the CLA or any other licence held by the University, or you wish to copy more than the limits allowed under these licences, permission will need to be sought from the copyright owner. The Copyright and Licensing Advisor can advise you on this.

Textbook substitution

The CLA guidelines on 'textbook substitution' define this as a circumstance whereby making a combination of photocopies and/or digital copies available to students would have an adverse effect on their decision whether or not to buy a particular textbook for their course. If the student felt that all the material required for the course had been supplied via photocopies and/or digital copies, and chose therefore not to purchase any textbooks, this would be textbook substitution.

The CLA has created a Good Practice Guide for creating coursepacks and avoiding textbook substitution.

 

 

Making Copies

The CLA licence only covers copying done within the UK; it does not cover copies made by staff at collaborative or partner institutions overseas. This also extends to digital copies made in the UK and subsequently made available via Blackboard to overseas students based at these institutions.

Copies may be made by staff in the UK for distance-learning and online students based overseas for their own research or study purposes.