1. Jim MacNeilage Business Development Manager CLA CLA licence for NHS in England Warrington 20 April 2006

2. The CLA Licence and NHS England CLA and NHS England have negotiated a licence allowing the copying of material from books, journals, periodicals and magazines. The purpose of this presentation is to explain the details and working of the licence and how it will affect NHS England

3. What is CLA? “licensing body” – Copyright, Designs & Patent Act 1988 (CDPA) CDPA protects Copyright CLA licence manages risk CLA licence maximises information resources

4. DACS ALCS CLA PLS 19 COUNTRIES USERS Licences and Represents users Views to © owners Who DOES CLA REPRESENT ?

5. CLA’s ROLE Licence users to copy from books, journals, periodicals and magazines Collect fees and distribute them to rightsholders Conduct surveys of licensees copying habits to assist accurate distributions Take legal action to protect rightsholders in cases of infringement

6. NHS users – CLA licence Greater number of copies can be made Greater percentage of material can be copied Declaration forms not required: - Inter-library loans - Inter-library copies - Library Privilege Blanket licence, clearances not normally required

7. WHO DOES THE LICENCE COVER? Photocopies  All full, part time and temporary employees of NHS, and any GP who is employed or contracted to the NHS, a Trust, etc, and their staff  Contracted staff (long and short term) Persons entitled to photocopy or scan may differ

8. Also includes members of the public who sit on ‘Designated Committees’ executive committees), and Patients and carers or guardians of patients may receive (but not make) a single copy in connection with their treatment Who does the licence cover ? (continued)

9. Who Does the Licence Cover ? - DIGITAL COPIES All employees, individuals providing a consultancy service, and non-executive members of a Designated Committee who are authorised to have access to any NHS England Intranet by way of a secure log-in process which verifies the individuals identity Patients and carers or guardians of patients cannot receive a digital copy – photocopy only. Digital Copy: Electronic copies of permitted material which are direct unaltered copies of the original work

10. Who does the licence cover ? (continued) For both photocopying and digital includes: NHS Trusts – including Ambulance Trusts Local Health Boards NHS Direct GP’s Community Health Councils NHS 24 Universities supplying a library service on NHS site when used by NHS staff

11. WHO IS NOT COVERED ? Persons from another organisation or business who are not employees of NHS England, consultants, etc. General public or a patient requesting copies of specific material Any employee, etc. of the NHS in Scotland, Wales and N.Ireland, or Dept of Health

12. WHAT DOES LICENCE ALLOW ME TO DO two (2) articles in any single issue of a magazine, journal or periodical.  You can make photocopies or scanned images and distribute as many copies as you require on each separate occasion or purpose, subject to the following conditions and extent limits: any number of articles in a periodical dealing with a particular theme where a substantial part of the issue is dedicated to that theme You must own an original or © -fee-paid copy of any material

13. or five percent (5%) of the publication, whichever is greater one chapter from a book one entire case from a published report of judicial proceedings WHAT DOES LICENCE ALLOW ME TO DO (continued) If you have © cleared copy you can make as many copies as you need, now and in future

14. Additional permissions for the Visually-Impaired Persons who have a recognised visually disability and who need a paper copy in an alternative format can make any changes necessary. This includes enlargement/reduction of text, change of font, colour, copying to Brail, Moon etc, text to sound manipulation etc, BUT no commercially published version or edition available no editing or binding into pack original must be owned by institution The 5% rule does not apply – so entire book etc can be copied

15.  more than one person can copy the same material at the same time - but it must be for a different purpose WHAT DOES LICENCE ALLOW ME TO DO (contd)  No copies from ‘originals’ which are themselves photocopies of the original published edition, whether such copies are made under the terms of this Blanket Licence, any other licence or by virtue of any statutory provision ( other than © cleared copies  No Copies shall be sold, hired out or otherwise disposed of for valuable consideration, or used for any external marketing or promotional purpose  But you can charge costs internally for the making Copies.

16. CLA can only licence works which are ‘owned’ by its rightsholders. They can decide to exclude some or all of their works - in this case the licence will not cover them – they are EXCLUDED. Any such excluded work must be cleared by the copyright owner before you can copy it.  Copying from material listed in the Excluded Works and Categories List is not permitted under the licence. WHAT DOES LICENCE ALLOW ME TO DO ? ( contd )

17. The List of Excluded Categories and Works does change when copyright owners grant and withdraw their mandate. The list is re-printed at intervals, and all updates are listed on the CLA web site. × Some categories of copyright simply don’t belong to CLA members, eg. Workbooks, Newspapers, etc. Permissions must be obtained from the copyright owner or other licensing body. WHAT DOES LICENCE ALLOW ME TO DO ? ( contd )

18.  In the case of Copies made for the purposes of a Designated Committee, the Licensee shall not take more than twenty five (25) Copies of the same material in connection with any single meeting of a Designated Committee. At least one person attending the meeting must be an ‘Authorised Person WHAT DOES LICENCE ALLOW ME TO DO ? (contd)

19. Further conditions on scanning × Digital copies cannot be placed on any publicly accessible web site or be linked to or from any external or third party web site Digital copies which include any photograph, design, illustration etc where the creator of the work is identified, must include such identification × Digital copies cannot be stored on a server, or systematically indexed, with the intention of creating an ‘electronic library’ or similar resource. × no amendments or changes permitted

20. EXCHANGING INFORMATION  The licence will allow copies to be exchanged between Trusts etc. as paper or email copies  There will be no need to keep records of such exchanges  There is no need to charge for such copies - but internal charging is allowed to recover costs etc. CLA treats NHS England as one single licensee having numerous sites. The allows more freedom than other CLA licences  you can still as a prescribed library in dealings with ‘outsiders’, ‘Fair Dealing’ etc, but you will need declaration forms, charging etc

21. DO YOU NEED HELP ? If you have any questions on the licence, copyright, etc. you can contact: Jim MacNeilage Tel: 0131 272 2711 email; jim.macneilage@cal.co.uk Or need Support Material : Customer Services Tel:0207 400 3125 email; customerservices@cla.co.uk orcustomerservices@cla.co.uk Download pdf from CLA web site www.cla.co.uk

22. CLA SURVEYS - Why & Where? WHY? To collect information from Licensees to assist us in the distribution of monies from the Licence to CLA’s rights holders – authors, artists and publishers WHERE? Education – HE, FE & schools Government - central Govt Depts, Local Authorities, Public Bodies & NHS Business

23. NHS – how is it done? Categorical questionnaire survey Questionnaire sent to sample of Health Boards & Trusts to discover overall types/categories & estimated copy volume Bibliographical survey A copy-event evidence survey in a further sample of Boards, Trusts & National Service agencies to include identity of title, author/publisher + copying volume

24. Categorical – what happens? Dept of Health inform relevant CEOs CLA write to CE)s CLA send out questionnaires to – About 1600 named personnel from 180+ job categories across selected Boards & Trusts Returns to CLA consultant statistician Analysis and report

25. Bibliographic – what happens? Dept of Health inform relevant CEOs CLA writes to CEOs Survey coordinator + field officer brief management contact of each Agency, Board & Trust Dissemination of survey information to all staff Set up of surveys staggered over period of weeks Survey continues for 6 consecutive weeks with weekly visits by fo to collect data Regular data returns to CLA for input throughout survey period Final analysis

26. Inter-library loans (ILL) Where records exist of ILL within libraries of survey-selected sites Records include both bibliographic data and volume Separate collection from survey in bulk from start date of licence – Input onto CLA database Records returned to libraries

27. And finally - Results of categorical & bibliographic data over-mapped Publication repertoire can be widened proportionally to reward more rights holders Distribution based on – Bibliographic survey data ILL data Categorical mapping onto CLA database

28. On the ground – bibliographic survey A Field team across England will co-ordinate and run the survey and be first point of contact for sites taking part Arrange briefings with each Agency, Board and Trust Provide literature and guidelines on survey procedures Assist with dissemination of information to all staff Set up surveys on agreed dates providing collection boxes, posters, stickers and labels, Collect data at regular intervals and replenish survey supplies. Final collections after 6 weeks’ survey at all sites Separate briefing & collection of ILL data with librarians

29. What we ask you to do At all photocopiers included in survey – BOOKS Copy title/ISBN page (biblio info) Write number of pages copied and copies taken on ‘label’ Attach label to ID page (above) and place in collection box JOURNALS Copy contents page and circle article OR cover + first page of article copied Write number of pages copied and copies taken on ‘label’ Attach label to ID page (above) and place in collection box

30. Your opportunity - To reward the creators of publications you use in your daily work (many of whom are your workplace colleagues within the NHS) It is vitally important for you to remember to record any copyright copying you do during this short period which will enable CLA to pay as many rights holders as possible It only takes seconds to comply with the survey procedure just described

31. Jim.macneilage@cla.co.uk Tel: 0131 272 2711 Fax: 0131 272 2811