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University of Bradford >> Library >> Services >> Copyright and Photocopying
Copyright is a legal protection given to any person who creates certain kinds of material, such as books, periodical articles, artistic works, and computer programs. In the United Kingdom, the Copyright, Designs and Patents Act 1988 as amended by the Copyright and Related Rights Regulations 2003 attempts to balance the requirement of protecting the intellectual and economic rights of the owner with the need to ensure reasonable access.
All photocopying of copyright material carried out anywhere within the University must conform to the Copyright, Designs and Patents Act or to any of the subsequent licence agreements which the University has signed or is made with the express permission of the copyright holder. Any breach constitutes a criminal offence.
Copyright is complex and the guidance given here covers only the most commonly experienced situations. Further information and help is available from Ms Satu Nieminen (email: s.nieminen @ bradford.ac.uk)
Copyright exists for 70 years from the death of the author.
Under the “fair dealing” exception of the Copyright, Designs and Patents Act, practice suggests that copies may be made for the purpose of non-commercial research or private study up to these limits:
From 31 October 2003 copying for commercial purposes has been excluded from the fair-dealing exception. Members of the university may continue to copy for commercial purposes by virtue of the CLA Higher Education Licence (see below). However, the exclusions listed should be noted.
Non-members of the University who have been awarded use of the Library and wish to make photocopies for commercial purposes, may do so by purchasing a CLA "sticker". One sticker is required for each item copied. The stickers cost £10.00 each and are available from the Reception Office in the J B Priestley Library and from the Counters in the Health Studies and Management Libraries. Further details are available at the CLA website: http://www.cla.co.uk/directive/stickerscheme.html
Restrictions also apply to material in electronic format, (disc, CD-Rom or Internet) and similar restrictions apply to downloading and printing. Some of these sources will also have licence restrictions that control what a user may or may not do.
From 31 October 2003 single photocopies of printed extracts (e.g. book chapter or journal article) can only be supplied if the requestor signs a revised copyright declaration confirming that the copy will be used for the purpose of non-commercial research or private study.
Members of the University who require inter-library loans for commercial purposes must use the copyright fee paid service and pay the cost.
The term "commercial" is currently undefined. The following guidance
is offered as advice only and has no legal status. Further information can
be obtained from the Copyright Office at the British Library. They have
a useful FAQ page:
http://www.bl.uk/services/information/copyrightfaq.html
Activities unlikely to be considered as commercial:
Activities that might be considered as commercial:
Activities that might be considered commercial, depending on the circumstances:
From 1st August 2008 a new agreement between Universities UK and the Copyright Licensing Agency (CLA) came into force that will cover both the photocopying and scanning of paper and digital originals and digital to digital copying.
The licence allows the copying and scanning from original published editions of books, looseleaf works, law reports and journals in which copyright subsists published in the United Kingdom or the Photocopying Mandate Territories (United States plus many European countries) but excluding Excluded Works and Categories of Excluded Material.
Under the terms of the Copyright Licensing Agency (CLA) Higher Education licence, multiple copies may be made of up to 5% of a book or one chapter (whichever is the greater) or one article from a single issue of a periodical, up to class numbers plus one. Newspapers, maps and books of tables are excluded from the licence, as are titles listed in the CLA List of excluded works.
As with the production of photocopies, scanned copies made available to students may not during any one Course of Study exceed either singly or in aggregate the greater of 5% of any published edition, or:
A significant difference from the trial licence which operated hitherto is that the licence now allows scanning from most United States publishers.
The scanning service is operated by Learner Support Services with delivery being through the Virtual Learning Environment (Blackboard). Members of staff who wish to use the service should complete the online request form
Because of strict conditions laid down by the CLA, digital copies required for the purpose of teaching may not be made in any other way. Any copies that are discovered to have been produced outside this arrangement will be regarded as infringing copies and may lead to disciplinary action.
The aim of the JISC Collections online copyright activity tool is to inform and educate practitioners in the FE and HE sectors in the UK about some of the key issues in using copyrighted material in a digital online environment and the role of JISC Collections in the provision of solutions to these issues.
The activity is targeted at teachers and lecturers in FE and HE. It will also be useful for curriculum managers, learning technologists, learning resources staff and any staff who deal with digital resources.
Also from JISC there is an animation "Intellectual Property Rights in the Web 2.0 world This makes reference to the online diagnostic tool "Web2Rights" There is also a useful set of links relating to copyright.
For further information please contact the eResources Librarian, Ms Satu Nieminen, (extension 3400). For information about the scanning service please contact the scheme’s administrator, Maria Introwicz (extension 3369 or lib-files@bradford.ac.uk).