Presentation title: 32pt Arial Regular, black Recommended maximum length: 1 line Copyright Workshop for NHS Staff Facilitator: Naomi Korn

Aims and objectives Become familiar with key points about copyright law, CLA licence and publishers licences Apply knowledge in group work scenarios Opportunity to raise issues and questions Know where to find out further information

Introductions Naomi Korn Copyright Consultant by profession Archaeologist by training Working for information specialists

Disclaimer This guidance has been designed to give a broad overview of the issues that will often need to be considered by NHS staff who publish material. It is by no means a comprehensive summary of the law of copyright, which is very complex. If you have any doubts as to whether or not your copying will infringe any third party rights please seek clarification from your Trust Library and Knowledge Services Manager.

Programme for the Day 10:00 – 10:30 Registration – tea/coffee 10:30 – 10:45 Introduction (Mandy Guest) 10:45 – 11:00 Overview 11: :20 Rights and licences 11:20 – 11:50 eResources and licences 11:50 – 12:30 CLA/NHS Licence Scheme (Kathy Jackson, CLA) 12: :15 LUNCH 13:15 – 14:00 Group work: Scenarios 14:00 – 14:20 Scenario solutions 14:20 – 14:30 TEA/COFFEE 14:30 – 15:00 Q+A 15:00 – 15:15 Resources and follow up 15:15 – 15:30 Summary and concluding remarks

Setting the scene There may be a number of other legal issues that impact on your use of works including confidentiality, data protection, defamation, reporting restrictions, obscenity and negligence. Sometimes copyright is just one aspect that you need to consider before you can be confident that a proposed publication or other use is lawful.

Rights overview Copyright is part of the broad family of Intellectual Property Rights (or the rights that protect ‘creations of the mind’) Includes: trademarks, patents, database rights, performers’ rights etc What does this mean for you? NHS user of loads of content produced by third parties NHS generator of its own content

Copyright works in our care NHS organisations have many copyright works in their care The majority of materials handled each day by library staff are protected Some are covered by a CLA licence, some by a publisher licence, everything else is covered by copyright law – but take particular care with digital resources Printed books and journals E-books and journals Databases and software Videos, CDs, DVDs E-learning programmes Websites and digital images Government publications Directories, maps, newspapers Trust documents, s, presentations, patient information leaflets, etc, etc

Copyright Essentials Copyright is based upon the Copyright, Design and Patent Act 1988, various treaties, directives, case law, conventions and statutory instruments etc It is an exclusive automatic right to allow copying (or not!) Duration of copyright varies between different types of material Copyright is about balances ….Fair Dealing and Library Privilege play vital roles Contract law can over-ride copyright ….. Licences play a crucial role too!

Interaction of legislation and licences CLA Licence Law Out of copyright Non NHS and in copyright Publishers agreements

I allow very limited copying of lots of stuff I trump that! I allow more generous copying from most printed books and journals I also allow more generous copying, and my licence trumps yours!! Copyright LawCLA LicencePublisher Licence Credit: Helen Bingham and Brenda Goddard

Library Privilege Privilege Provision of single copies for users Certain classes of works Non commercial research or private study Limited amounts Use of declaration forms Reasonable re-numeration

Fair Dealing Users make their own copies Single copies of a limited amount Purposes and quantities deemed to be “fair” Less restrictive than Library Privilege

Licensing schemes and publisher licences Licences allow more copying than under Fair Dealing and Library Privilege Licences are contracts and contracts override copyright law Licensing schemes cover multiple publishers e.g. the CLA (covers many publishers of printed books and journals) and the the NLA (newspaper publishers) –organisations with CLA licences include NHS England, public authorities, BL, etc, Single publisher licences include large publishers and publishers of electronic resources –e.g. ProQuest, Ovid, BMJ, Ordnance Survey, BSI

Ordnance Survey Covers maps still in copyright Copyright belongs to OS Allows up to 4 A4 sized copies Non commercial research/private study Crediting At least cost recovery charges

eLicences Digital is no different Still need to abide by law and applicable licences Freely available does not mean free to use Details about use often in small print Cover born digital content eLicences include those directly with Publishers, ProQuest, Open Access Repository licences (PubMed), Framework Agreement

eLicences Digital is no different Still need to abide by law and applicable licences Freely available does not mean free to use Details about use often in small print Cover born digital content eLicences include those directly with Publishers, ProQuest, Open Access Repository licences (PubMed), Framework Agreement

Proquest Personal and internal use (by all those eligible for NHS Athens account) If multiple copies required, download each copy directly For libraries: –use for ILLs is OK if this is a ‘customary service’ –use by ‘walk-in’ library users is OK

BioMed Central Use and distribution OK subject to citation of the original source Link but not replicate Coutts MyiLibrary e-books Own research or study only

NHS National Framework Agreement NHS Framework Agreement July 2007 – July 2010 –Print books –Electronic books –Print Journals –Electronic journals –Databases …detailed information from PASA website

NHS Framework Agreement: Benefits Simplification of access to core suite of shared resources Reduction in duplication of efforts and costs Provide greater access than law allows Broad definition of authorised uses (including HE/FE students and customary uses) Broad range of uses All authorised users can: –make and save print and e-copies –use articles and images in teaching packs, e-learning, assignments, presentations, etc Library staff can: –make e-copies and single print copies for own users (including walk-in users) and other libraries

Resources Copyright Toolkit available on the NLH website CLA ( UK IP Office ( LACA (

Follow up What are you taking away with you today? How do you intend to implement what you have learnt today in your Trust?