Regulations For The Use Of Copyright Protected Material

This document is definitive!

Copyright Law

The principal source of Copyright Law is the Copyright, Designs and Patents Act 1988 as amended.

Infringement of copyright is a tort (civil wrong) for which redress is available to the copyright owner in the civil courts. If the infringement is established, then the defendant may be ordered to pay damages and to deliver up infringing material as well as to be bound by an injunction against further infringement.

An employer may be liable for the copying undertaken by members of its staff even if they are expressly prohibited from doing so.

To ensure compliance with the Act, BSU maintains at its cost and for the protection of students and staff, a number of collective Licences issued by agencies established to protect the interests of copyright holders.

The Copyright Licensing Agency LTD (CLA)

BSU has a Licence with the Copyright Licensing Agency Limited to enable students and members of staff to copy extracts, within clearly defined limits (set out below) from books, journals and periodicals published in the United Kingdom, Australia, Canada (including Quebec), Denmark, Finland, Germany, Greece, Iceland, the Netherlands, New Zealand, Norway, Republic of Ireland, South Africa, Spain, Sweden, Switzerland and some publishers in the United States of America.

What the Licence Covers

The Licence permits the copying of extracts (whether the pages copied consist of text or graphics or are a combination of text and graphics) from most books, journals and periodicals published in the U.K. (and in the other Mandating Territories shown above), with the specific exception of those belonging to one of the categories of material defined in the next section.

The basic permission to photocopy extends to the copying from paper on to paper of:

Multiple Copying

Under the CLA Licence, University College staff and students may make or have made on their behalf, multiple copies of copyright material for distribution to students on credit-bearing courses (or staff), provided that:

Copying for Externals

The CLA Licence does not give permission for multiple copying of copyright material for other people such as pupils being taught on teaching practice, or external participants in a course, seminar or conference. Such copying must be done under another licence or cleared with the rights-owner.

Copying for recipients of instruction in short term courses which are delivered on a cost recovery basis and in return for a fee and which are not included in the "Big Guide" published by UCAS is not covered by the licence. Accordingly, copying for students on non credit-bearing courses is excluded. You should contact the rights-owner for permission to copy and copyright material for them beyond "fair dealing"

What the License Does Not Cover

The following excluded material is outside the scope of the licence agreement:

Territories

Copying for Visually Impaired Students or Staff

The CLA Licence allows "Enlarged Photocopies" of any quantity of material to be made, provided that:

  1. The material is covered by the CLA Licence - see above.
  2. The copies are for the exclusive use of partially sighted students or partially sighted staff, and are made in "in connection with instruction and not otherwise"
  3. The copies are enlarged so that the main text is in at least 16 pt font size.
  4. The material is not already available in a large print format.
  5. The University owns a copy of the original published edition of the material, and this is available to other students.

The List of Participating US publishers covered by the CLA Licence and the Excluded Categories/Works list can be viewed on the CLA website.

The University College's Licensing Co-ordinator is Ms Kim Lloyd ( k.lloyd@bathspa.ac.uk ) from whom further information and advice may be sought.

The Newspaper Licensing Agency LTD (NLA)

BSU has a Licence granted by The Newspaper Licensing Agency Limited to enable students and members of staff to copy extracts of certain newspapers and their associated magazines and supplements.

The current full list of newspapers to which this Licence applies is set out below and is displayed by all photocopiers. A full copy of the Licence is available for inspection at each Library.  In summary and as a guide, the following rules apply to the copying of newspapers.

Newspapers Covered by the NLA Licence

These Regional Newspapers are Not Available for Digital Copying

Further Details of the NLA Licence can be viewed on the NLA website.

The University's Licensing Co-ordinator is Ms Kim Lloyd ( k.lloyd@bathspa.ac.uk ) from whom further information and advice may be sought.

The Educational Recording Agency Limited (ERA)

BSU has a Licence granted by the Educational Recording Agency Limited to enable members of staff to make recordings for educational purposes any radio or television broadcast or cable ourput of ERA's Members listed below:

The ERA Licence does not authorise the recording of Open University programmes. The following rules apply to recording:

No recording or copying shall be made except by or on behalf of BSU and any such recording or copying shall be made either:

  1. on BSU premises by or under the direct supervision of a teacher or other BSU employee;
  2. at the residence of a BSU teacher by that teacher, or
  3. at the premises of a third party authorised by BSU to making recordings or copies on its behalf under written contractual terms and conditions which prevent the retention of recordings or copies by that third party or other third parties.

* All recordings or copies must be marked with the date and title of the recording and with a statement in clear and bold lettering that : "this recording is to be used only under the terms of the ERA Licence"

Further details of the ERA Licence can be viewed at the ERA website http://www.era.org.uk/

The University's Licensing Co-ordinator is Ms Kim Lloyd ( k.lloyd@athspa.ac.uk ) from whom further information may be sought.