ICLA and the Higher Education Licence Samantha Holman LIR Annual Seminar Cultivating Libraries in a Post-digital Learning Ecosystem 24th November 2017

The role of ICLA – an essential part of the post-digital ecosystem Licensing body as defined by Section 149 of the Copyright & Related Rights Act, 2000 (aka a CMO) Issue licences for the re-use/copying of digital and print books and periodicals within certain rules from a wide repertoire of Irish and overseas publications to: Businesses (since 2000) Schools (since 1993) Universities and colleges (since 2003) Other educational establishments We know you will all be familiar with copyright, and may indeed be concerned about whether you can do certain things or not, but beyond that we’re assuming some of you will know about ICLA and our licences and some won’t so we’ll start with a brief beginner’s guide to how we fit into the copyright ecosystem and especially now, the digital copyright ecosystem

How ICLA provides licence repertoire Set up by the Irish Writers’ Union and the Irish Publishers’ Association CLE in 1992 with a mandate to license the photocopying of Irish works on behalf of Irish authors and publishers and to distribute licence fees equally to authors and publishers Member of IFRRO – part of international network of RROs ‘Bilateral’ agreements with other RROs for licensing of specific repertoires and sectors First digital ‘bilaterals’ in 2006 with ongoing expansion IVARO and ‘bilaterals’ for images The key aspects of any licence, including those your libraries sign with individual publishers, are rights (Ts&Cs) and repertoire. Let’s look at repertoire first because the repertoire in ICLA’s is very extensive and fills in many gaps between individual-publisher licences to give our licensees security when using copyright materials, yet ICLA owns no copyright material itself. It is a not-for-profit body acting on behalf of Irish and international authors, visual creators and publishers which mandate it to license their content

Repertoire for the HE Licence Material Licensed for Photocopying   Books, journals and periodicals published in print form in the following countries: Ireland; UK; Argentina; Australia; Austria; Belgium; Canada (including Quebec); Denmark, France; Germany; Greece; Iceland; Italy; Japan; Lichtenstein, the Netherlands; New Zealand; Norway; South Africa; Spain; Switzerland; Taiwan, Trinidad and Tobago and the United States of America. Newspapers published in print form in Ireland, Great Britain and Northern Ireland. EXCLUDING: Excluded works as advised from time to time by ICLA. This and the next three slides are not for reading in detail here (all information is on our website and for anyone who wants these slides after) but for illustration of how wide the licence repertoire is and how it is different depending on the format of the original publication AND the format of the copies - Paper for photocopying…

Repertoire for the HE Licence (2) Material Licensed for Scanning and Digital Distribution Books, journals and periodicals published in print in the following countries: Ireland, UK, USA provided they are identified as the Copyright Clearance Center’s (CCC’s) Academic Repertory Licence Repertory (CCC AACL Works) as published on CCC’s website from time to time, Australia, Denmark, Japan, New Zealand and South Africa. Newspapers published in print form in Great Britain and Northern Ireland   EXCLUDING: Excluded works advised from time to time by ICLA. …paper/print for SCANNING AND DIGITAL USE – this is highly relevant to many HEIs…

Repertoire for the HE Licence (3) Digital Publications Licensed for Digital and Print Distribution   Irish publications: books, journals and periodicals distributed in electronic form that are published by the publishers listed on ICLA’s website at www.icla.ie UK publications: books, journals and periodicals distributed in electronic form that are specifically included in the list provided on the Copyright Licensing Agency’s (CLA’s) website, International section http://schools.cla.co.uk/about-your-licences/cla-licence/what-can-be-copied/digital-material-publishers/ USA publications: works distributed in electronic form that are specifically included in the list on the Copyright Clearance Center’s (CCC’s) website of Academic Repertory Licence Repertory (CCC AACL)Works) http://www.cla.co.uk/usa/us_ed Newspapers published as digital originals in Ireland and the UK. Books, journals and periodicals published in digital form in the following countries: Australia, Denmark, New Zealand and South Africa. EXCLUDING: Excluded works advised in writing from time to time by ICLA …digital originals that can be used in digital or print format…

Repertoire for the HE Licence (4) Website Material Licensed for Digital and Print Distribution   Irish publications: The content (text and still images) of websites made available either openly or via a paywall by the publishers listed on ICLA’s website at www.icla.ie. UK publications: the content (text and still images) of websites made available either openly or via a paywall by UK publishers on their websites and specifically included in the list provided on the Copyright Licensing Agency’s (CLA’s) website, International section http://schools.cla.co.uk/about-your-licences/cla-licence/what-can-be-copied/digital-material-publishers/ USA publications: the content (text and still images) of websites made available either openly or via a paywall by USA publishers and specifically included in the list on the Copyright Clearance Center’s (CCC’s) website of Academic Repertory Licence Repertory (CCC AACL)Works) http://www.cla.co.uk/usa/us_ed Newspapers: the content (text and still images) of websites related to newspapers published in Ireland and the UK. Other territories: the content of websites (text and still images) made available either freely or via a paywall in the following countries: Australia, Denmark, New Zealand and South Africa. EXCLUDING: Excluded works advised in writing from time to time by ICLA …online/website material for digital or print use. Digital use requires the ‘opt-in’ of the rightsholders in many countries so is necessarily more limited than print which is ‘opt-out’ but it is highly relevant to Higher Education use

History of the ICLA HE Licence SI 514 of 2002 – permitted photocopying extracts from print works of up to 5% (or one chapter/article); no whole works; as many copies as there are students on the course, plus lecturer; must own the original; no substitution for purchase; licence fee based on number of ‘FTE’ students; must take part in surveys of use to provide distribution data Revised licence in 2005 – clarification of issues including repertoire, warranties and liabilities Digital extension 2006 – licensed scanning of print works under same rules; no posting on websites/extranet; no digital manipulation; author of work copied must be credited; must provide usage data as basis for distributions Integrated digital licence - Revised licence offered to sector September 2015 – revisions have followed in response to feedback from IUA As background to the integrated digital licence all HEIs are now signed up – so you all have the use of – this is a potted history of our licensing… You’ll see digital copying was first introduced in 2006 and we now have a licence that is fully integrated

Purpose and value of licence to HEIs Provide licensing scheme under Irish Copyright & Related Rights Act 2002 and SI 514 of 2002 Enable legitimate use of copyright works purchased for educational purposes while preventing substitution of copying for purchase Obviate the need for micro-payments and related administration for copyright use Collect licence fees for distribution to authors, visual creators and publishers In relation to the second bullet point, the licence allows the full use of the HEI’s holdings so that what the library acquires can be maximised in terms of readership

What librarians and academics need to know about the new licence It brings the 2005 licence and digital extension into one coherent set of Ts & Cs It reflects the digital repertoire ICLA now has It brings digital uses to the fore to reflect their importance in education It provides greater clarity as to all uses enabled under the licence It answers concerns about provision for students with reading disabilities And it responded to concerns raised during the Copyright Review Process 2011-2013 We very much want all those working in university libraries to be aware of what the ICLA HE Licence now includes so that you can use the materials you own to the full

What librarians and academics need to know about the new licence (2) One integrated document Permits: Photocopying – books, periodicals Scanning – books, periodicals Digital copying – opted in books, periodicals, certain databases, certain websites Posting to licensee’s intranet/VLE For access/use by Authorised Persons only (no posting to WWW/internet) (no substitution for purchase of original works) (no whole works except for reading disabled) (within Ireland only, except for Accessible Copies) (storage only for duration of course – no digital archiving) The licence covers what is allowed in the lecture hall and seminar room, and what can be done online, within the HEI’s password-protected system. Within the classroom, photocopies/printouts can be handed out of content from the Licence repertoire, extracts can be displayed digitally – the licence does NOT include music or moving images, and only images that are contained in books and periodicals, though they can be copied separately

What librarians and academics need to know about the new licence (3) Permits the making of accessible copies for HEIs that are not Designated Bodies under Section 104 Up-to-date definition of Authorised Persons so that distance learners, at-home workers and virtual classrooms can be included (but not MOOCs) Much broader and clearer definition of ‘Licensed Material’ to match the revised repertoire 100% increase in copying limit from a book, from 5% to 10% (or one chapter, whichever is greater) We have also taken on board learnings from the UK experience

What librarians and academics need to know about the new licence (4) Clarification of actions covered including: Licensee can supply a digital copy to, or receive a digital copy, from another licensed HEI Copying limits explained where digital content is not in conventional book/periodical format and not divided into distinct sections Copying ‘one chapter’ can include references and related notes located separately in the book Alterations and annotations allowed for teaching purposes provided author’s Moral Rights observed Graphic/visual material from a book or periodical may be copied without related text

Outstanding issues – Data! Lack of data about what’s being used digitally as a basis for distribution to rightsholders Irish authors (academics, etc) and small publishers (university presses, specialist small presses, Irish language) may be missing out to multinationals, UK, USA? Librarians need to know what uses their acquisitions are being put to on courses/VLEs via the HE Licence and/or publisher agreements – what is their value? What do they need more/less of? Lack of knowledge about how Licence is being used within library work flows and digital rights management – are other changes to the Licence needed? Need for standard metadata, rights management and recording of use would be of primary benefit to libraries and could secondarily give ICLA sample distribution data that would give up-to-date picture of rightsholders to be remunerated QQI obligations to comply with legislation in force Everybody is talking now about the importance of usage data yet we receive very little and currently have no standard process for doing this. At the same time we know that librarians also do not – generally – know how material in their collections is being used under the ICLA licence

Possible solutions Develop our own data gathering process in collaboration with the HE sector? Build on the experience of our sister RROs and adapt methods developed by them? Use CLA’s tried-and-tested Digital Content Store…? We have been talking to the HE sector for many years about the best way to collect data that will support ICLA’s distributions but without a single person or group in each HEI responsible for this it is really difficult to find a process that will work for all. Meanwhile, we have looked at what other RROs are doing asking ‘why reinvent the wheel?’ With a licence and copyright regime very similar to Ireland’s, the UK’s approach seems a promising ‘fit’ so now let me hand you over to Meghan Mazella from the Copyright Licensing Agency, UK, to tell you about their ‘digital content store’

Would your HEI like to be involved in a data pilot? You can find me at: sam@icla.ie You can find us at: www.icla.ie