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© Copyright Licensing Agency Limited 2007 CLA Licence for NHS England
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The CLA Licence and NHS England CLA and NHS England have negotiated a licence allowing the photocopying and scanning of material from books, journals, periodicals and magazines. The purpose of this presentation is to explain the details and working of the licence.
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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 What does CLA do ?
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NHS users – CLA licence Greater number of copies can be made Greater percentage can be copied Declaration forms not required: - Inter-library loans - Inter-library copies - Staff copying
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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 make or receive a photocopy or scan may differ Who can Copy ?
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Also includes members of the public who sit on ‘Designated Committees’ (executive committees – one of whom must be NHS staff), and Patients and carers/guardians of patients may receive (but not make) a single paper copy in connection with their treatment Who does the licence cover ? (continued) Who can Copy ? (contd)
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Who Does the Licence Cover ? - DIGITAL COPIES All employees, individuals providing a consultancy service, and non-executive members of a Designated Committee ( one must be NHS staff) who are authorised to have access to any NHS England Intranet by way of a secure log-in process Digital Copy: Scanned copy of material that is a direct unaltered copy of the original work – includes photographs etc Who can Copy ? (contd)
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Who does the licence cover ? (continued) For both photocopying and digital includes: NHS Trusts – including Ambulance Trusts Local Health Boards NHS Direct GP’s and staff Community Health Councils NHS 24 etc etc
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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 or N.Ireland Who cannot Copy ?
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WHAT DOES LICENCE ALLOW ME TO DO two 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 from a ‘thematic issue’ and where a substantial part of the issue is dedicated to that theme You must own an original or © -fee-paid copy of any material What can I copy ?
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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) © cleared copy - you can make as many copies from it as you need, now and in future (keep it on the shelf) What can I copy (contd)
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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 in fact photocopies of the original published edition ( other than © cleared copies or where you hold an original) No Copies shall be sold, hired out etc or used for external marketing or other purpose etc But you can charge costs internally ( NHS England) for the making Copies. Copies sent as email attachment can be stored on PC hard disc, forwarded, printed off and distributed etc What can I copy (contd)
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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. Such excluded work requires permission from © owner Photocopying from material listed in the Excluded Works and Categories List is not permitted under the licence – or scanning under list of works excluded from scanning (nil) or non-UK publications. WHAT DOES LICENCE ALLOW ME TO DO ? ( contd ) What can I copy (contd)
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The List of Excluded Categories and Works (photocopying and scanning) does change when copyright owners grant and withdraw their mandate. 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 ) What can I copy (contd)
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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 of any photograph, design, illustration etc – the creator must be identified where possible × 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 Further conditions on Scanning
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The licence allows copies to be exchanged between Trusts etc. as paper or email copies No need to keep records of such exchanges No need to charge for such copies - but you can charge 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 act as a prescribed library in dealings with ‘outsiders’, but you will need declaration forms, charging etc Exchanging Information
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Additional permissions for the Visually-Impaired Persons who have a recognised visually disability and who need a copy in an alternative format can make any changes necessary …. As long as 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 Additional permissions for Visually Impaired
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If you have any questions on the licence, copyright, etc. you can contact: Kathy jackson Tel: 0207 400 3100 email; kathy.jackson@cla.co.uk Or need Support Material : Customer Services Tel: 0207 400 3125 email; NHS@cla.co.uk orNHS@cla.co.uk from CLA web site www.cla.co.uk Contacts
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