Copyright Training Session 17 th November 2011 NHS Greater Glasgow and Clyde, NHS Lanarkshire, National Waiting Times Centre, State Hospital

Learning outcomes At the end of this session, you should be able to: 1.Inform others about the key points within the new copyright policy. 2.Explain the rationale and principles behind the new policy 3.Tell others how copyright law applies to print and electronic publications. 4.Make appropriate decisions on how to deal with print and electronic copyright issues in your workplace. 5.Explain how The Knowledge Network’s electronic journals and point of care resources support practitioners and learners.

Overview 1.Reminder of policy - History, rationale, principles. 2. Copyright in print and electronic works 3. Keeping it legal – making decisions. 4. Question and Answer

Context and history

NHS Education for Scotland Knowledge Management Team Responsible for supporting implementation of new copyright policy Purpose of NES KM Team – Getting Knowledge into Action 3 E’s Equity of access to knowledge Empowerment – skills, behaviours, culture Embedding – use of knowledge in day to day practice

Strategic principles “Knowledge is the lifeblood of the NHS” (Exploiting the Power of Knowledge in NHS Scotland, NES, 2004). “The transfer of knowledge is care” - Crossing the Quality Chasm, IOM, 2001; quoted in Enabling Partnerships – sharing knowledge for the mutual NHS. NES, 2009

Building capacity and capability for knowledge management National Strategy for Knowledge Management Knowledge into Action National Review of Knowledge Services Knowledge Network

Supporting the “no copy” policy Knowledge as asset Knowledge is for use Knowledge as a dynamic and strategic resource

(1) Knowledge as asset Scientific publishing industry $19 billion per annum “Serials crisis” – rising costs, declining budgets Major cuts in library services across sectors, including NHS Need to get best value when funds are finite and diminishing.

Collaborative purchasing of electronic journals 2010 NES negotiated for and purchased 6000 journal subscriptions on behalf of NHS Scotland. Paid for all library journal subscriptions formerly purchased locally

New business model for NHS Scotland knowledge access Local print journals now available nationally in electronic form through Knowledge Network. Access and equity Savings of £750k per annum to Boards No savings to NES Scottish Government questioning continuation of copyright license for print journals > £1 million per annum for same content available electronically.

12 million + resources 30-40% of UK healthcare NOT based on available scientific evidence (Grol and Grimshaw, 2003) (2) Knowledge is for Use

Knowledge into Action Review Evidence base for what works in getting knowledge into action. Distinguishes between knowledge for research and knowledge for practice. Foundation in research is important, but “actionable knowledge” is what changes practice at the frontline. Actionable knowledge – evidence summaries, guideline recommendations, pathways, checklists, evidence bundles, manuals etc. UptoDate, Dynamed, JBI, Prodigy resources

(3) Knowledge is a dynamic and strategic resource Responding to Technological, Social, Economic and Political changes. Transition to electronic knowledge. 80,000+ fulltext articles downloaded monthly via Knowledge Network; 1000 print articles copied locally and decreasing Knowledge Network content licensed to health and social care staff – widening access and equity. Budgetary pressures force us all to find new ways of working, reduce duplication and make best use of available resource. Quality Strategy requires change in practice - focus on applying knowledge more than accessing information.

History 1988 No copyright license Print journals Copyright Act Copyright license Print copying From scanning Print journals & E-Library Licenses partially duplicate CLA license First CLA License 2011 No copyright license CLA License not renewed NHS Scotland-wide electronic subscriptions superseding print journals High level of duplication with CLA license Dependency on print copying >£1,000,000£500,000£0 Cost of CLA License Financial Downturn

Stage 1: January to April Scottish Government making major efficiencies. 2. Noting impact of Knowledge Network; change in business model for journal access in NHS Scotland. 3. Scottish Government non-renewal of CLA license at end of March – £ 1m per annum not available, duplication, limited in coverage – e.g. does not address electronic copying. 4. Copying under fair dealing and library privilege.

Stage 2: May to August Board concerns re risks of judgement about fair dealing and library privilege on case by case basis; admin overhead. 2.CLA threat of suing for infringement based on NHS copying being “commercial” in nature therefore not qualifying for fair dealing, library privilege, or criticism and review. 3.“No-copy” policy gives certainty, addresses risk. 4.Funding provided for BL requesting – but costs have to be managed, using The Knowledge Network as the primary resource.

No-copy policy: key points Knowledge Network “free” national electronic content as primary resource. Obtain photocopies with associated copyright fee only when essential. No on-site copying by NHS staff for their work in NHS. Obtain items via British Library when essential – average cost c£25 per article. Limited budget made available through Scottish Government for this purpose.

Exceptions to “no-copy” rule Judicial proceedings Crown copyright material – usually free license Permission granted by copyright holder (permissions agent engaged) Non-NHS staff – e.g. social care, students, public – can still use library privilege and fair dealing.

Some myths…. Funding and subsequent withdrawal of the copyright license are Scottish Government, not NES decisions. NES supports the policy but did not create the policy. NES has made no savings through non-renewal of the license. The license did NOT cover all copyright issues. Many “hidden” issues emerging that have always been a legal responsibility of the Boards and of all employees. For example – CLA license gave no coverage of electronic copying (other than limited permissions for scanning.) No impact on copyright permissions required for many leaflets, forms etc.

Summary “He who moves not forward, goes backward.” (Goethe, ) Creating a new reality – change in thinking, change in behaviour. New opportunities and new perspectives to create successful outcomes – focus on actionable knowledge; maximising use of electronic knowledge.

Copyright Training Session 17 th November 2011 NHS Greater Glasgow and Clyde, NHS Lanarkshire, National Waiting Times Centre, State Hospital