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Subject:

FW: [lis-chill] CLA talk on new Sticker scheme

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Date:

Mon, 31 Mar 2003 07:51:50 +0100

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-----Original Message-----
From: Sarah Lewis-Newton [mailto:[log in to unmask]]
Sent: 28 March 2003 15:52
To: Bailey, Emma
Subject: FW: [lis-chill] CLA talk on new Sticker scheme


Hi Emma,

Please could you forward this to the list, my e-mail is playing up and will not let me!

Thanks

Sarah

Sarah E Lewis-Newton

Assistant  Librarian
Education Department
Marie Curie Cancer Care
Liverpool Centre
Speke Road
Liverpool
L25 8QA
Tel : 0151 801 - 1444


-----Original Message-----
From: Andrea Peace [mailto:[log in to unmask]]
Sent: 28 March 2003 14:57
To: [log in to unmask]
Subject: [lis-chill] CLA talk on new Sticker scheme

Dear All

I attended the Total Library Solutions exhibition yesterday in Birmingham
and went to one of the workshops run by the Copyright Licensing Agency (CLA)
which I thought you may all find of interest, hence this email.  I should
just say that I am no copyright expert, so please excuse any clumsy
interpretation.

This talk was essentially about how the CLA are working with librarians to
develop a solution to facilitate issues around 'commercial copying' and walk
in users in libraries, as a result of changes being brought in via the EU
Copyright Directive.

It was explained that the Patent Office are working on a Statutory
Instrument that will amend the 1988 Copyright, Designs and Patents Act, the
major change being that copying for a commercial purpose can no longer be
catered for under library privilege rules.

Questions around whether the Directive will come into force on 31st March
2003 (i.e. this Monday) could not be answered with certainty as the CLA are
not the organisation handling its introduction, but at a recent meeting
between the CLA and the Patent Office phrases like 'before the summer
recess' were being used by Patent Office officials, i.e. by the end of July
2003.

It was confirmed that the CLA believe there will be a 21 day grace period
between the Statutory Instrument being published, and when the government
expects all new changes to be implemented.  Obviously in this time, library
privilege declaration forms need to be amended by all libraries to reflect
the changes around copying for commercial purposes (whatever that actually
means).

In relation to the walk in users scheme they are developing (known at the
moment as the 'sticker scheme'), this has been developed in response to the
British Library asking questions around how libraries should handle walk in
users declaring that they want to copy something for commercial purposes.
The scheme is designed as a simple solution that the CLA think will be used
occasionally, i.e. they expect low volume use.

Basically the CLA will provide (on request) a pack which will probably
contain:
*       Pre printed forms to be completed by the user who is undertaking
some copying for commercial purposes - the form requires the user to submit
basic bibliographic details of the item they are copying, so monies can be
given back to the rightsholder
*       A role of stickers (20 per pack) which need to be stuck on each copy
made for commercial purposes. The stickers cost L9.00 each (includes VAT),
and is based on the weighted average of rightsholders' set fees for document
delivery.
*       A poster(s) to stick by photocopiers to notify library users about
the sticker scheme for commercial copying.

The stickers will refer to terms and conditions of the scheme, and the forms
(of which one part will be retained by the user) explain the terms and
conditions of the scheme in full, and explain what happens to the monies
(i.e. goes back to rightsholder(s)).

It was emphasised that this is a voluntary scheme, and the onus is on the
user to approach a member of library staff to purchase a sticker etc.  It is
not down to the librarian to 'police' the photocopier.

The CLA are still working through whether libraries will have to pay for a
pack of 20 stickers up front, or whether the library needs to send L180 to
the CLA on completion of a pack of stickers, and when they request their
next batch of stickers.

The CLA will be placing adverts in national library journals/newletters and
using mailing lists to advertise the scheme when it is up and running
(should be in place for when the EU Copyright Directive comes into force).

It was stressed that the sticker scheme will be a pilot, and the CLA retain
the right to amend the scheme if problems arise for them etc.  At this time,
they are not anticipating it to be a very heavily used scheme, but if the
volume of stickers sold is way above what they predict, this may cause them
in-house administrative problems that would need to be addressed.

The talk also briefly covered document delivery licenses from the CLA.  It
was explained that there will be two document delivery licenses soon.  Their
traditional 'Document Delivery License' already exists and is a
transactional license, with quarterly reporting and self billing. It is
recognised that this type of license may be difficult to manage for smaller
libraries that do not have the infrastructure to dedicate staff resources to
this type of reporting.  Therefore, the CLA are currently working on a 'Low
Volume Document Delivery License' which is a blanket license, rather than
being transactional in nature.  It is aimed at libraries that do fewer than
1200 copies for a commercial purpose per annum.  Details will be advertised
as soon as the details of the license has been finalised.

The CLA expect to publish some FAQs on their website around the issue of
what is commercial copying after the Statutory Instrument has been
published.

That's all I found out as it was a short session.  Something to mull over
re: how this would work in your own institution?

Best wishes for a good weekend,

Andrea

Andrea Peace
Library & Information Services Manager
Chartered Society of Physiotherapy
14 Bedford Row
London
WC1R 4ED
United Kingdom

Direct tel: +44 (0)20 7314 7883
Direct fax:+44 (0)20 7306 6629
E-mail: [log in to unmask]
WWW: http://www.csp.org.uk





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