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Copyright Guide

This guide will help you to find out how copyright affects your study, research and work here at the University of Derby. Please note that information on these pages is for guidance only: it should not be construed as formal legal advice.

CLA Licence

The University of Derby holds a Copyright Licensing Agency (CLA) Higher Education Licence. For educational purposes staff are allowed to photocopy and authorised members of staff can scan material covered under the CLA licence.

This page will explain how the CLA licence is used to help staff in the production of Resource Lists and Course Packs and understand the CLA's essential terms and conditions of use.

Resource Lists

  • The Library runs a Digitisation Service to make digital copies of key chapters or articles from its physical collections, or from a Copyright fee-paid copy obtained from the British Library available for students on their Resource Lists. Under the terms of the University's CLA Licence most printed materials can be scanned from the UK, some from the USA and some international territories. 

  • Only authorised members of Library staff can make digital copies of material for Resource Lists. This ensures that the scans are legally compliant with the CLA licence, include a CLA licence coversheet and are recorded in reports. Academic staff are advised to contact the Resource Lists team for help with digitisations and their Resource Lists. 

  • Material from electronic resources are not generally digitised, links are used instead.

  • Copies made must not replace the need for students to buy a textbook, if there is one available. See Course Packs and Textbook Substitution below.

  • Read the CLA HE Licence Quick Guide for Academic Staff for more information.

Course Packs

  • Photocopying extracts from books and journals for inclusion in a course pack can be made by anyone within the university for educational purposes.

  • There can only be one copy for each student and lecturer teaching the course.

  • Copies made must not replace the need for students to buy a textbook, if there is one available. Please read Textbook Substitution below and the Good Practice Guide in the creation of course packs for further guidance. 

Essential terms and conditions of the CLA licence for creating Resource Lists and Course Packs

  • The University of Derby Library must own the original which the copy is taken from or have obtained a copyright-fee paid copy from the British Library. 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.

  • Copying limits for each module:

    • Books: one chapter or 10%, whichever is the greater,

    • Journal issue/conference proceeding: two articles in any single issue or, where the issue, or a substantial part of it, is dedicated to a particular theme, any number of articles dealing with that particular theme

    • Anthology of short stories or poems: one short story or poem not exceeding ten pages in length

    • Published report of judicial proceedings: the entire report of a single case

  • Digital copies must be placed on a secure network accessible by students with secure authentication. Please do not make digitised copies of materials covered under the CLA licence available on Blackboard. Resource Lists allow the library to abide by the conditions of the CLA licence to record and report the digitised copies made available. 

  • The publication must be covered by the CLA licence. Coverage can be checked on the 'Check Permissions' tool on the CLA website by typing in the title, ISBN or ISSN and selecting 'Higher Education' in the Licence Type box.

What if the publication is not included in the CLA Licence?

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. 

Excluded from the CLA Licence

There are a number of categories excluded from the CLA Licence:

  • Printed music (including the words) included within a book, journal, periodical, magazine, law report or set of conference proceedings. 

  • Newspapers - this would be covered under the NLA Media Access Licence, which the University of Derby has a subscription to.

  • Maps and charts - by charts the CLA means charts similar to maps such as sea or weather charts.

  • Workbooks, workcards and assignment sheets.

  • Publications which expressly stipulate not to be copied under the CLA licence.

Who can have copies under the CLA Licence?

UK campus-based students

These students are registered at the University of Derby and declared in our HESA Returns. They can receive, print and download materials under the CLA Licence.

Distance Learners

Distance Learning students studying away from the premises - either in the UK or overseas are enrolled at the University of Derby are declared in our HESA returns. They can receive, print and download materials under the CLA Licence.  

Non-Credit Bearing Students (NCBs)

This category are students enrolled at the University of Derby who are taking a course that doesn't lead to a qualification and are not declared on our HESA returns. They can receive, print and download materials under the CLA Licence.

Collaborative Research Projects

During the course of and for the purposes of a Collaborative research project, digital copies can be made via a Secure Network or print copies made for relevant staff at the University of Derby, plus certain staff and students at our Collaborative UK partners who also hold a CLA Licence. 

 

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. Please see the CLA Higher Education Licence 2024-27 User Guidelines, (p17) for more detail.