Guide to the Basic Photocopying and Scanning Licence

The University has signed the Higher Education Basic Licence for Photocopying and Scanning negotiated by Universities UK and the Standing Conference of Principals with the Copyright Licensing Agency (CLA). Further information is available.

The CLA has provided User Guidelines

In Short

• The Licence integrates permission for Higher Education Institutions to make
  Multiple photocopies of material from books and journals within defined limits to create a printed 'Course Pack'

AND/OR

• Digital copies of such print material for distribution or delivery to a group of students on a particular course of study.

Thus, you no longer need to make separate arrangements for scanning works to be included in electronic 'Course packs' through CLARCS - The Copyright Licensing Agency Rapid Clearance Service.

For information regarding print from print photocopying consult Library Guide QG GEN008 Copyright, Photocopying & Scanning - Your Responsibilities

What follows is guidance on the extension of the previous Copyright Licence to the electronic scanning of material.

• Who may scan and add digital copies to a Course Collection
• For what reasons may I scan
• What may be scanned
• Photocopying/Scanning Limits
• Access to scanned material
• Conditions for creating digital copies
• Recording requirements
• Disabled students - extension to photocopying/scanning privileges under legislation and licensing

Who may scan and add digital copies to a Course Collection

The permission to create and add digital copies to a course collection is restricted to only a group of designated individuals nominated by the HEI. This could be the Course Convenor, Departmental Secretary etc. Names of those identified as having authority to scan should be notified to the University Copyright Officer, Mary Mowat (m.mowat@abdn.ac.uk).

For what reasons may I scan

• For teaching purposes, to make items available to staff and students on a particular course of study digitally as a course pack (or as a printed booklet or cd-rom), via a VLE or as part of a PowerPoint presentation.
• Note that the Licence does NOT cover scanning for personal use which is covered by the 'fair dealing' provisions of the Copyright, Design and Patents Act, 1988.

What may be scanned

• Material must be published in the UK - you should determine if the publisher has a UK address. For material published overseas written permission continues to be required from the publisher.
• The work must be owned by the University (either a department or the Library) or have been obtained as a Copyright fee paid copy from the British Library Document Supply Centre or specific permission must have been given by the rightsholder - you should retain copies of letters granting such permission.
• The copy should be made from the latest or most appropriate original edition for teaching purposes.
• Part page visual images may be disembedded from text if required.
• The list of Excluded Works for items that may not be scanned may be different from that for those works that may not be photocopied and you should check the CLA website at http://www.cla.co.uk/excluded_works/he_scanning/
• Prior to scanning you should determine whether scanning is the most suitable option for delivering the material and also whether an electronic version is already commercially available to which students could be referred. If an electronic equivalent is available but the decision is taken to create an in-house digital copy from the printed source, the reason for this should be noted on the Scanning Record Sheet.
• Note that the Licence does not incorporate any rights for reproduction of digital material such as electronic books or periodicals; you should consult the terms and conditions in the specific agreements (eg NESLi2 or that with the publisher) for the particular resource of interest.

Photocopying/Scanning Limits

These are the same in both cases. For one course of study the limits for the amount copied

1. Should not exceed either singly or in aggregate the greater of 5% of any published edition, OR
2. In the case of a book, one complete chapter;
3. In the case of an article in an issue of a journal or in a set of conference proceedings, one whole article;
4. In the case of an anthology of short stories or poems, one short story or poem not exceeding 10 pages in length;
5. In the case of a published report of judicial proceedings, the entire report of a single case.
6. In the case of production of a printed Course Pack, the number of packs produced must not exceed 1 copy per student plus one for the lecturer. A printed Course Pack can be created from scanned material.

Please see below for details of the extension to photocopying/scanning privileges under legislation and licensing for disabled students

Access to scanned material

• Digital copies can only be accessed (and printed out once only) by those on the course of study for whom the digital copy has been created and, therefore, must be placed in course-based collections with secure access. This is the case, for example, with password controlled access to course collections created via WebCT placed on a secure network.
• The same extract can be made available simultaneously to students on more than one course of study.
• Other authorised persons may view digital copies but not download or print.
• Material must be routinely weeded as a course is completed before reloading and re-recording for the recommencement of the same course - any unneeded material should be removed.
• Digital copies may not be stored, or systematically indexed, with the intention of creating an electronic library.

Conditions for creating digital copies

• Every effort should be made to ensure that the structure, layout, authenticity and integrity of the original is maintained and no digital manipulation is permitted.
• The licence allows the making and supply of accessible versions of printed books or journals to students and members of staff who are visually impaired subject to the university owning an original published edition of a work that is not otherwise available in a suitable format.

Recording requirements

• Each scanned item must include a Copyright Notice in a prominent position - the Third Schedule in the Licence.
• A record must also be kept of all items (however insubstantial the extract may seem) - to be collated by the University Copyright Officer to meet the requirements of the 6-monthly returns required by the CLA.
• To simplify this a single SCANNING RECORD SHEET has been produced. This can also be completed online.
• This Record Sheet should be returned to the University Copyright Officer, preferably by e-mail and should also be a prominent part of the scanned item. A separate Record Sheet is required for each course in which an item is made available.
• A new Record Sheet must be completed if an item previously scanned is required again in a new academic session.

Extension to photocopying/scanning privileges under legislation and licensing for disabled students

Please note: Section 10 of the Basic Licence for Photocopying and Scanning allows the provision of part or the whole of any licenced material to visually impaired students in a suitable format providing:

1. The University already owns an original copy of the work
2. A suitable format is not commercially available.

Current guidance also indicates that such copies can be made available to:

Students who have any kind of visual, cognitive or other disability recognized by the Disability Discrimination Act. 

Note that this can apply to students and staff, for example, with Dyslexia, or someone who is unable to focus his eyes to the extent that would be acceptable for normal reading but also to someone who is unable, through physical disability, to hold or manipulate a book or who is unable to readily take notes.

• A statement must be added to the copy that this has been made under CLA Licence provision for the particular person and cannot be further copied.

Disabled students are advised to inform Library staff if they or their assistants are undertaking lengthy copying.

Note that if copying is undertaken in the library by library staff for disabled students, the standard charge of £2.50 will apply, with further charges for additional pages.

Please contact Mary Mowat (m.mowat@abdn.ac.uk) if you have any queries regarding the Licence.

Mary Mowat
University Copyright Officer