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Copyright and the University of Cambridge Moodle

Using Moodle or another password-protected restricted University intranet to make materials available to students can raise copyright issues. A wide range of materials may be copied, uploaded and made available for instructional purposes, but only in a manner consistent with copyright law.

This information is for University of Cambridge staff and students and may not be applicable at other institutions or organisations.

1. University of Cambridge copyright overview

An overview of the general principles of copyright and guidance on copyright matters commonly encountered at the University is provided by the Legal Services Office:

http://www.legal.admin.cam.ac.uk/how-we-can-help/copyright-compliance

2. Copyright and Moodle

Information about material which may be included in Moodle for instructional purposes is covered in the 'Frequently asked questions' 2.1 to 2.9 and 3.1 to 3.3 below.

3. Queries:

University Copyright Officer
Legal Services Office
copyright@admin.cam.ac.uk

 


 

Frequently asked questions

(Click a topic title to reveal the details)

Q. 2.1 Using your own original material

Material that is your copyright may be uploaded to Moodle, but if your material has been published commercially, you should check your publishing agreement to see whether its terms and conditions permit your intended distribution. For journal articles, many publishers do not allow pdf versions to be used, but may allow pre-prints or post-prints or re-publishing/re-use after specific embargo periods. Should you not have your publishing agreement to hand, www.sherpa.ac.uk/romeo/ outlines author re-use permitted by major journal publishers.

In the alternative, to upload to a restricted intranet such as Moodle, you may be able to rely on:

  • the University’s CLA Licence for provision of copies of scanned book chapters and journal articles (see Q. 3.1 to 3.3 below);
  • provision of links to e-books and e-journal articles (see Q. 2.5 below);
  • the University’s ERA Licence for provision of copies of television and radio broadcasts (see Q. 2.9 below);
  • statutory copyright exceptions such as permitted use of "fair dealing" short extracts for "illustration for instruction" or "criticism or review, quotation, or news reporting" or “parody, caricature, or pastiche” . (see Q. 2.6, 2.7 and 2.8 below);

Q. 2.2 Where the copyright owner has granted permission

Most copyright content, including that found on websites, carries terms and conditions under which the material may be used, e.g. Terms of Use in a website footer notice; an image released in Flickr by Creative Commons Licence. Please note that permission granted solely for ‘personal, non-commercial use’ does not allow upload to intranets such as Moodle or to publicly accessed websites such as Faculty sites.

Q. 2.3 Out-of-copyright material

If copyright no longer subsists in a work, it is said to be in the ‘public domain’ and no permission is required to copy or use that work or reproduce quotations, extracts or excerpts from it. Please note that ‘out-of-print’ works are not necessarily out-of-copyright.

The National Archives provides copyright duration charts for literary, artistic, dramatic and musical works at:

www.nationalarchives.gov.uk/information-management/re-using-public-sector-information/copyright-and-re-use/duration-copyright/ .

The Intellectual Property Office (IPO) provides copyright duration information for sound recordings, films and the typographical arrangements of published literary, dramatic or musical works at:

www.gov.uk/copyright/how-long-copyright-lasts .

Q. 2.4 Links to websites, including YouTube and other videos

The Internet is not a ‘copyright-free’ zone. Nearly all material on the Internet and in social media is protected by copyright, including content in Google Images, YouTube, Facebook, Twitter etc.  Responsibility for obtaining permissions or relying on copyright exceptions to use copyright material from these sources rests with the person/Faculty/Department or other unit at the University that re-uses the content by publication or upload.  Ignorance is no defence for unauthorised use of copyright material.  Further, taking down offending material upon notice from copyright owners is almost always insufficient to forestall payment to the copyright owner of a licence fee for use of the content and a penalty fee for the unauthorised use or incurring legal action to do so.

However, linking to material that is lawfully available on the Internet should not raise any copyright issues, provided that users to whom the links are provided are made aware that when they open links their use of the online material is subject to the terms of the opened site, e.g. YouTube Terms of Use .

Ensure that each link opens in a new window and that you acknowledge the source of the link. Refrain from embedding material unless you have verified that the material has been made available by the true copyright owner of the work.

Q. 2.5 Links to e-books and e-journal articles

Links to e-journal articles and e-books owned by or subscribed to by the University may be provided to University staff and students with authorised access to the e-resources, e.g. authorised Raven access to University Library e-resources at www.lib.cam.ac.uk/eresources/index.php . Reporting of these links to the Copyright Licensing Agency (CLA) is not required.

Please also refer to Q. 3.1 to 3.3 Providing scans of book chapters and journal articles.

Q. 2.6 ‘Fair dealing’ extracts for the purpose of illustration for instruction, including for examination purposes

‘Fair dealing’ for illustration for instruction (s. 32 of the Copyright, Designs and Patents Act 1988 (CDPA)) permits lecturers to copy and use in Moodle brief or short extracts from literary and musical works, films, sound recordings and broadcasts as well as artistic works to illustrate or reinforce a teaching point, provided the original source is explicitly acknowledged.

The statutory exception of illustration for instruction is a ‘fair dealing’ exception, meaning that copying and use is limited to what is reasonably required for the purpose and must not impact adversely on exploitation of the work by its owner, i.e.:

  • Images such as photographs of works of art may be used as long as the purpose is for illustration for instruction and the images are provided in low-resolution.
  • Access to materials made under the illustration for instruction exception should be limited to those receiving the instruction, preferably to those enrolled on a particular course of study (to support the contention that the use is fair).
  • The material made available under the illustration for instruction exception must not be made available on publicly accessed websites such as Faculty or Departmental websites, in social media etc.

If the material for instruction does not meet the above requirements, e.g. sizeable extracts or more than one or two figures/illustrations from a journal article or book chapter  need to be provided in Moodle for students on the course of study, the government's Intellectual Property Office (IPO) says that this copyright exception does not circumvent the need for "licences for use that is not fair dealing”, hence the need to comply with the terms of the University's copyright licences, e.g. for book chapters and articles scanned from print books and journals, refer to  Q. 3.1 to 3.3 Providing scans of book chapters and journal articlesQ. 2.5 Links to e-books and e-journal articles; Q. 2.9 Recorded television and radio broadcasts under the University’s licence with the Educational Recording Agency (ERA).

Also,  copying of works for examinations  may also rely on the illustration for instruction exception as long as it meets the above rules, i.e. it must be fair dealing, which means copying only a portion that is necessary for the immediate purposes of examination, which will not normally be the whole work, and the author and source of the work must be acknowledged. Copies of a portion of a work provided for an examination must be limited to those students being examined.

Questions and Answers - Copyright Changes 2014, JISC Legal, 20 June 2014, pp. 4 - 7 and 9
www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3596/Questions-and-Answers--Copyright-Changes-2014.aspx

Exceptions to copyright: education and teaching, Intellectual Property Office, October 2014, pp. 3 - 5
https://www.gov.uk/government/publications/changes-to-copyright-law 

Q. 2.7 ‘Fair dealing’ extracts for criticism or review, quotation, news reporting

Criticism or review, quotation

Section 30(1) Copyright, Designs and Patents Act 1988 (CDPA):

Fair dealing with a [copyright] work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement unless this would be impossible for reasons of practicality or otherwise and provided that the work has been made available to the public.

The criticism or review exception applies only to works that have been published, e.g. by authorised publication, performance, exhibition, playing or showing of the work in public, so that use of an unpublished work (e.g. extracts from an unpublished PHD dissertation) does not fall within fair dealing for the purpose of criticism or review (nor for the purpose of quotation, below).

Fair dealing for the purpose of criticism or review must be the genuine purpose of the use of the work, i.e.:

  • The quotation or extract or excerpt from the work must be directly relevant to the criticism or review undertaken of the work and not used merely for illustration;
  • The criticism or review, by text or voiceover, must directly accompany or run concurrently with the quotation, extract or excerpt of the work being criticised or reviewed, e.g. on the same or immediately preceding or following PowerPoint slide in a lecture or on the same page in a publication; with accompanying voiceover/commentary or text on screen in a video/film]; and
  • There must be a substantial and considered criticism or review of the work, with full attribution of the source work.  

Custom and practice in academic publishing suggests that quotations of prose from a single copyright work for the purpose of criticism or review could be fair dealing if not greater than 400 words in a single quotation, or up to a total of 800 words in a series of short quotations, none of which is longer that 300 words.

Quick Guide to Permissions, The Society of Authors, 2009, p. 2
http://www.societyofauthors.org/sites/default/files/Quick%20Guide%20to%20Permissions_1.pdf

Guide to Copyright and Permissions, London: The Society of Authors, 2015.
http://www.societyofauthors.org/guides-and-articles

In some instances, use of an entire work for the purpose of criticism or review may be justified, e.g. use of a photograph or an image of a work of art.  Also, short extracts from a film or sound recording may be used (only as much as is reasonably required) if they can be justified for the intended fair dealing purpose of criticism or review of the source work.In addition, the publishers listed below have signed up to the International Association of Scientific, Technical and Medical Publishers (stm) www. stm-assic.org/documents/  ‘Guidelines for Quotation and Other Academic Uses of Excerpts from Journal Articles’ (January 2016) (enter ‘Guidelines for Quotations from Journal Articles’ in Document Library search) that allows the following uses in all media and future editions without obtaining explicit permission:

  •   a maximum of two figures (including tables) from a journal article or five figures per journal volume (unless a separate copyright holder is identified in such a figure, in which event permission should be sought from that holder);
     
  •   a single text extract of less than 100 words or a series of text extracts totalling less than 300 words for quotation...

The following conditions apply:

  •  The purpose of the use is scholarly comment or non-commercial research or educational use;
     
  •  Certain complex illustrations such as anatomical drawings; cartoons; maps; poetry; works of art; or photographs, will still require normal permissions request of publishers (or other copyright holder) as the journal article author(s) is unlikely to own the copyright in these;
     
  •  Full credit should be given to the author(s) and publisher(s) of the material(s) used, consistent with normal scholarly practice; and
     
  •  The quotation or excerpt must never be modified.

Publisher signatories:

American Chemical Society
BMJ Publishing Group Ltd
Elsevier                                   
Institute of Physics
International Union of Crystallography
John Wiley & Sons (including Blackwell)
Oxford University Press journals
Portland Press Limited
Royal Society of Chemistry
SAGE Publications
Springer Science+Business Media
Taylor & Francis.

Quotation

Section 30(1ZA) of the Copyright, Designs and Patents Act 1988 (CDPA):

Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that—

(a) the work has been made available to the public,

(b) the use of the quotation is fair dealing with the work,

(c) the extent of the quotation is no more than is required by the specific purpose for which it is used, and

(d) the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

The government’s Intellectual Property Office suggests:

It is ultimately for the courts to determine whether use of a quotation is fair dealing, which will depend on the facts of any specific case, but short quotations which are justified by their context are more likely to be considered fair than long and unnecessary ones. For example, the use of a title and short extract from a book in an academic article discussing the book may be considered fair, and be permitted under this exception, whereas the copying of a long extract from a book, without it being justified by the context, is unlikely to be permitted.

 [T]he provisions in section 30 … permit quotation from a work not only for the purpose of criticism or review, but for any purpose, as long as it is a “fair dealing”. This …  allow[s] [for] other minor uses of quotations, such as academic citation and use in examination papers, which do not undermine the commercial exploitation of copyright works.

Draft Explanatory Memorandum to The Copyright and Rights in Performances Regulations 2014, Intellectual Property Office, p. 7: 
http://www.legislation.gov.uk/ukdsi/2014/9780111112700/memorandum/contents

Exceptions to copyright: Guidance for consumers, Intellectual Property Office, March 2014, p. 3:
https://www.gov.uk/government/publications/changes-to-copyright-law

As a rule then, the use of a quotation from a copyright work that has been ‘made available to the public’, i.e. by authorised publication, performance, exhibition, playing or showing of the work in public, is permitted if the use is ‘fair dealing’, meaning that ‘no more is quoted than is reasonably required for the purpose’ and provided there is ‘sufficient acknowledgement’ of the work and its author.

As with the fair dealing criticism or review exception, the fair dealing quotation exception does not permit quotation from unpublished works, e.g. unpublished PhD dissertations.

Caution is urged when considering relying on the fair dealing quotation exception to reproduce photographs, including images of paintings.  The government’s Intellectual Property Office suggests:

Whilst the exception applies to all types of copyright work, it would only be in exceptional circumstances that copying a photograph would be allowed under this exception. It would not be considered fair dealing if the proposed use of a copyright work would conflict with the copyright owner’s normal exploitation of their work. For example, the ability to sell or license copies of photographs for inclusion in newspapers would be a normal exploitation.

Exceptions to copyright: Guidance for consumers, Intellectual Property Office, March 2014, p. 3:
https://www.gov.uk/government/publications/changes-to-copyright-law 

Also:

Copyright Notice:  digital images, photographs and the internet, Copyright notice Number 1/2014, Updated November 2015, Intellectual Property Office  

https://www.gov.uk/government/publications/copyright-notice-digital-images-photographs-and-the-internet .

News reporting

Fair dealing with a work (other than a photograph) for the purpose of reporting current events to the public does not infringe any copyright in the work provided that the reporting involved is communicated to the public and is accompanied by sufficient acknowledgement. No acknowledgement is required in connection with the reporting of current events by means of sound recording, film or broadcast where this would be impossible for reasons of practicality (Copyright, Designs and Patents Act 1988 (CDPA) s. 30(2 and 3)).

Photographs are excluded under this copyright exception, in other words, photographs may not be used to report a current event.

Using clips of video/film or broadcast footage to report directly on a current event is the most common way of fair dealing for news reporting, e.g. using a clip from another’s footage of a major event such as a natural disaster in one’s own report of the event.   The clip needs to have a direct and sufficient relevance to the current event being reported, e.g. brief footage of the natural disaster in a report on the scientific basis for the disaster.

Q. 2.8 ‘Fair dealing’ with a copyright work for the purposes of parody, caricature or pastiche

Section 30A to the Copyright, Designs and Patents Act (CDPA) permits a degree of copying of a copyright work for the purpose of parody, caricature or pastiche to the extent that the use is fair dealing.  Of note, moral rights apply to many copyright works that could be used under this exception, so the copyright owner may object by legal action to the derogatory treatment of their work in the parody, caricature or pastiche.  The copyright owner of the work used may also object by legal action to libellous or defamatory statements, passing off or trademark infringement in the parody, caricature or pastiche.   

The government’s Intellectual Property Office (IPO) provides the following examples of uses under this copyright exception: “a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well-known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork.”  

Further, from the IPO’s parody, caricature or pastiche exception FAQs:

What is meant by “for the purpose of caricature, parody or pastiche”?

The words “caricature, parody or pastiche” have their ordinary dictionary meanings. In broad terms, parody imitates a work for humorous or satirical effect, commenting on the original work, its subject, author, style, or some other target. [The Court of Justice of the European Communities has ruled that the essential characteristics of parody are to evoke an existing work while being noticeably different from it and constitute an expression of humour or mockery.] Pastiche is a musical or other composition made up of selections from various sources or one that imitates the style of another artist or period. A caricature portrays its subject in a simplified or exaggerated way, which may be insulting or complimentary and may serve a political purpose or be solely for entertainment.

Does this mean that I no longer need to pay for a licence if I wish to use a work for caricature, parody or pastiche?

Fair dealing allows you only to make use of a limited, moderate amount of someone else’s work. Anything that is not fair dealing will require a licence or permission from the copyright owner. (Information on obtaining a licence from a copyright owner or through a collecting society can be found at: https://www.gov.uk/using-somebody-elses-intellectual-property/copyright)

Can I copy an entire work?

The new exception allows a reference to a copyright work - in essence building on it. This means it is very unlikely that someone could copy a whole unchanged work, without permission from the copyright owner. For example, it would not be considered “fair” to use an entire musical track in a spoof video.

Exceptions to copyright: Guidance for creators and copyright owners, Intellectual Property Office, March 2014, pp. 7 and 8:
https://www.gov.uk/government/publications/changes-to-copyright-law

Deckmyn and Vrijheidsfonds (Judgment of the Court of Justice of the European Communities) [2014] EUECJ C-201/13 (3 September 2014):
http://www.bailii.org/eu/cases/EUECJ/2014/C20113.html

Q. 2.9 Recorded television and radio broadcasts under the University's licence with the Educational Recording Agency (ERA)

The University’s ERA Licence permits the recording of television and radio programmes in analogue or digital format for non-commercial, educational purposes (the ‘Recordings’) that may be made available in digital form in a password-protected intranet such as CamTools/Moodle, under the following conditions:

  • Recordings must not be edited or modified, although extracts may be used
  • Recordings must be marked/labelled with the date of the broadcast/recording, the title of the programme, the name of the broadcaster, and the following statement: ‘This recording is to be used only for educational and non-commercial purposes under the terms of the ERA Licence.’
  • Recordings of broadcasts or extracts thereof may not be incorporated into any commercial video or DVD or other production, nor may they be sold.

ERA Licence conditions are available at: www.era.org.uk.

Commercial films may not be copied or uploaded or disseminated without the express written permission of the copyright owner/s indicated in the copyright notice at the beginning or end of the film. However, a commercial film that is broadcast on television may be recorded and made available in whole or in part in Moodle under the University’s ERA Licence as above.

Commercial sound recordings may not be copied or uploaded or disseminated without the express written permission of the copyright owner/s, often the record company or the PRS for Music as its representative www.prsformusic.com. However, a commercial sound recording that is part of a radio broadcast may be recorded and made available in whole or in part in Moodle under the University’s ERA Licence as above.

However a short clip or small extract from a film or sound recording may be used for the purposes of “illustration for instruction”. See ‘Fair dealing’ for the purpose of illustration for instruction, including for examination purposes (Q 2.6 above).

Q. 3.1 Providing scans of book chapters and journal articles under the University’s CLA Licence

The University holds a Copyright Licensing Agency (CLA) Higher Education (for UUK/Guild HE members) Licence ('CLA HE Licence'), which permits, within prescribed limits and restrictions, book chapters and journal articles from published editions to be scanned and uploaded to a password-protected restricted intranet such as Moodle for access and download by students, but only to those enrolled on the Course of Study for which the copies are provided.

A copy of the CLA HE Licence, User Guidelines, CLA Notice for display near photocopiers and scanners and other CLA HE Licence Support Materials are available at https://www.cla.co.uk/higher-education-licence-docsPlease note Q. 2.5 Links to e-books and e-journal articles: Outside the CLA Licence, links to e-journal articles and e-books owned by or subscribed to by the University may be provided to University staff and students with authorised access to the e-resources, e.g. authorised Raven access to University Library e-resources at www.lib.cam.ac.uk/eresources/index.php. Reporting of these links to the Copyright Licensing Agency (CLA) is not required.

If links are not provided, the following CLA Licence rules and Q. 3.2 Scanning Procedure below apply:

  • Under the CLA Licence, only students on the Course of Study for which the scans of book chapters and journal articles from print published editions are provided are allowed access to and download of those materials. Study and research groups are not permitted to scan and upload materials under the CLA Licence.
  • Only Designated Persons at the University may scan or authorise scanning for the purposes of providing Digital Copies to students.
  • Digital Copies may only be made from:
    • a printed book, journal or magazine owned or subscribed to by the University, kept in any Library or office at the University, or
    • a copyright fee-paid copy of a chapter/article supplied by an organisation holding a document delivery licence with the CLA, e.g. British Library Document Supply Service (BLDSS - www.bl.uk/bldss).
  • Scanning of pages from printed books and journals that consist wholly of images or a combination of text and images is permitted.
  • Digital Copies should not substitute for the purchase of an original published edition (either print or electronic). See the CLA good practice guide (https://www.cla.co.uk/sites/default/files/CLA-HE-Good-Practice-Guide_2016-2019.pdf) to avoid textbook substitution.
  • A completed CLA-prescribed 'Copyright Notice for Digital Copies' must be attached to every Digital Copy made under the CLA Licence, e.g. as the coversheet preceding the first page of a scanned book chapter/journal article etc.
  • Every Digital Copy made under the CLA Licence must be recorded on a CLA-prescribed 'CLA HE Digital Copy Record Form' by the Designated Person.
  • CLA HE Digital Record Forms should be sent by Designated Persons to the University CLA Licensing Coordinator.
  • At the completion of the Course of Study the Digital Copies should be removed from the Course Collection.
  • Scanned materials should not be stored, or systematically indexed, with the intention of creating an e-library.
  • Scanned materials should not be made available on the publicly accessed Internet.

Digital Copies are defined as 'electronic copies of Material Licensed for Scanning', which are 'direct unaltered copies of the work copied'.

Course of Study is defined as 'any whole course of study or any segment of a student's studies which is normally regarded by the University as a discrete and self-contained unit for the purposes of examination or assessment'.

Course Collection is defined as those Digital Copies provided to and restricted to students on a specific Course of Study and their lecturer by a secure password-protected system. "Digital Copies should be distributed via course based collections. This requirement corresponds with common practice in HEIs for organising courseware into a series of self-contained 'silos' or course repositories within a Virtual Learning Environment (VLE) or a school or department intranet where each course designer is responsible for building a collection of learning and teaching materials tailored for a specific course.”

Designated Persons Under the terms of the CLA Licence, permission to scan materials is restricted to 'Designated Persons' throughout the University who should, as outlined in the Scanning Procedure (Q 3.2 below), report all scanning carried out under the CLA Licence in their area/domain, e.g. Faculty or Department or other unit, to the University CLA Licensing Coordinator .

The diverse nature of Departments and Faculties and other units of the University rules against appointing specific role holders as such, hence Designated Persons may be an individual lecturer of a Course of Study, course convener/organiser, Departmental Administrator, Librarian or other appropriate individual. However, according to terms of the CLA Scanning Licence, students may not be assigned the duties of a Designated Person.

It is recognised that not all Faculties/Departments/units will wish to appoint a Designated Person. If so, the responsibilities of the Designated Person fall to the individual lecturer providing scanned materials to his or her students under the CLA Scanning Licence, in effect making the individual lecturer a Designated Person.

The names and contact details of those individuals who have agreed to take on the responsibilities of a Designated Person should be sent to:copyright@admin.cam.ac.uk .

University CLA Licensing Coordinator The strict recording and monitoring requirements set by the CLA call for scanning under the terms of the CLA Licence to be processed through a central institutional contact/body. At the University the central contact is the University CLA Licensing Coordinator: copyright@admin.cam.ac.uk .

All Digital Copies made under the CLA Licence, whether uploaded in Moodle or to another restricted password-protected intranet at the University, e.g. Faculty or Departmental restricted intranet, must be reported by CLA HE Digital Record Form to the University CLA Licensing Coordinator: copyright@admin.cam.ac.uk . In turn, the Digital Record Forms are collated and sent to the CLA on an annual basis. Of note, the CLA may request access to the University's restricted intranets, including Moodle, to check that all CLA Licence terms are being complied with.

Q. 3.2 Scanning procedure

If you wish to provide your students on a Course of Study with a scanned journal article or extract from a book in Moodle or another restricted intranet at the University please follow these steps:

  1. Start with the full reference details of the item you wish to scan, including Author, Publisher and page numbers.
  2. Check the University Library Newton Catalogue to see if the University or a College Library owns the ‘source edition’ from which the item is to be scanned. If not, the item may not be made available for distribution unless you obtain a copyright fee-paid copy of the chapter or article from an organisation holding a document delivery licence with the CLA, e.g. British Library Document Supply Service (BLDSS - www.bl.uk/bldss).
  3. Check to see whether the particular work may be scanned and distributed. Lists can change so you will need to check them regularly:

Published materials allowed for scanning under the CLA Scanning Licence

Original published print editions of books, looseleaf works, law reports, periodicals and journals published in United Kingdom, Australia, Canada (including Quebec), Chile, Denmark, Finland, France, Greece, Hong Kong, Iceland, Ireland, New Zealand, Norway, The Philippines, Singapore, South Africa, South Korea, Spain, Switzerland and Turkey.

A CLA Check Permissions Title Search by ISBN/ISSN or Title will indicate whether or not the item may be scanned and distributed: https://www.cla.co.uk/check-permissions-start.

Materials not allowed for scanning under the CLA Scanning Licence

  • printed music (including the lyrics)
  • maps, charts
  • workbooks, work cards and assignment sheets
  • newspapers (covered by the University’s Licence with the Newspaper Licensing Agency (NLA))
  • any work in which the copyright owner has expressly and prominently stipulated that it may not be copied under the CLA Licence
  • from books, journals and magazines borrowed from the British Library or another library on inter-library loan or from ‘library privilege’ copies, i.e. Librarian-supplied copies
  1. If the University owns a copy, the proportion of a book, journal or magazine that may be scanned for each Course of Study is restricted to whichever is the greater of:
  • up to 10% or one chapter of a book (no chapter substitution from the same book or other edition of the same book during the Course of Study)
  • up to 10% or one article of a journal issue (no article substitution from the same journal issue during the Course of Study)
  • up to 10% or one paper of one set of conference proceedings
  • up to 10% or one report of one case from a book of law reports
  • up to 10% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages.
  1. After scanning, convert the scan to PDF and attach a completed CLA-prescribed Copyright Notice page to the front of the scanned item so it is the first thing students see when they open the document.

On the covering Copyright Notice you will have to fill in the following details:

  • Course of Study
  • Name of Designated Person authorising scanning
  • Title
  • Name of Author
  • Name of Publisher
  • ISBN/ISSN
  • Start page number
  • End page number
  1. If you are the CLA Designated Person for your Faculty, Department, etc. enter the following information on the Digital Copy Record Form FULL available at https://www.cla.co.uk/higher-education-licence-docs; Digital Copy Record form FULL 2016/17 (same FULL form to be used for 2017-18):
  • Course Code for the Course of Study [The Course Code should be that as it appears in your prospectus. Alternatively, CamSIS codes for Subject (Tripos) and Examination Papers may be used.
  • Course Title
  • Course of Study duration (weeks)
  • No. of Registered Students on the Course of Study
  • ISBN / ISSN
  • Title
  • Journal Year or Volume Number
  • Author of Book / Book Chapter / Article
  • Page No. From
  • Page No. To
  • Source, i.e. from Paper original, from Digital version, or from copyright fee-paid copy
  1. Now you can distribute the PDFs to your Moodle or other restricted intranet sites. If distributing the same materials to two separate courses, please enter both on the CLA Digital Record Form, and attach different Copyright Notices to each scan. The Copyright Notice states which course the material has been released to.
  1. CLA Designated Persons need to annually collate and submit all their  records in the CLA HE Digital Record Format at the end of May to the University CLA Licensing Coordinator via copyright@admin.cam.ac.uk.

Reminders to current Designated Persons will be sent in advance. The current reporting period for Digital Copies created under the CLA Scanning Licence is from 1 June 2017 - 31 May 2018, but for this year all Digital Copies that have been carried over from a previous year need to be included as well. 

[Each year, all universities need to report all new Digital Copies (produced by scanning from print or by copying from Digital Material that have been made during the preceding period of 1 June – 31 May. Additionally, on a cyclical basis (for the University 2014-15 was the latest, the next is this year 2017-18), the University is also required to report to CLA all Digital Copies that have been carried over from a previous year.]  

Summing up, the 2017-18 Digital Copy Record Form FULL should be used to record Digital Copies made this year (2017-18) and those carried over from a previous year: https://www.cla.co.uk/higher-education-licence-docs – Digital Copy Record form FULL 2016/17 (same FULL form to be used for 2017-18).  

Q. 3.3 Making copies of works for visually impaired persons

Under the CLA Licence, the University may make and supply to any student or staff of the University who is visually impaired or otherwise disabled a copy of part or the whole of any work allowed for photocopying and for scanning under the CLA Licence in any alternative format that is more accessible to such a student or staff member, whether in digital or audio format, large or small print copies or embossed copies (whether produced in Moon or Braille or otherwise) or in other formats, subject to the following:

  • a copy of a work may only be provided if the work is not commercially available in a form accessible to the student or staff member;
  • if a copy exceeds the extent limits of one chapter/one journal article, the copy must contain a statement that it is a copy of the original work made under the CLA Licence for the personal use of a visually impaired or a disabled person and that it may not be further copied (including any electronic copying or transmission) and must contain the title, author, publisher and edition from which it is copied.