I need to point out the CLA HEI Licence does not cover the supplying of scanned articles to individuals. It only licences provision, by designated persons, through Course Collections or Reading Lists that can only be accessed by people registered on the particular module or course of study.
However, there are those who argue that the word 'copy' in the CDPA Sections 37-44 "Copying by Librarians and Archivists" is not defined or limited to just the traditional interpretation (photocopy). This would then mean that it can refer to the provision of a copy of any format type, providing the conditions are met (signed declaration, copy limits adhered to, payment, request storage etc). Just as with a paper copy, so long as the Librarian or Archivist has met their conditions, subsequent reuse of the copy is the sole responsibility of the receiving individual, something they acknowledge in the declaration (..not to give a copy to anyone else).
I am not aware of any legal ruling either confirming or discounting the above interpretation.
Therefore, if you wish to provide a service based on scan-on-demand digital copying please ensure you read the Act and any subsequent amendments/statutory instruments; that you have in place all the statutory requirements; and that you are confident that, if challenged, you can defend your decision-making (in a court of law if necessary!).
Regards
Graham
Graham Titley
Document Delivery and Copyright Librarian
University of Plymouth
Drake Circus
Plymouth
PL4 8AA
Tel: 01752 587162 or 587161
Email: [log in to unmask]
-----Original Message-----
From: For interlibrary-loan and document supply services. [mailto:[log in to unmask]] On Behalf Of J.Lees
Sent: 08 May 2008 10:50
To: [log in to unmask]
Subject: Re: scanned articles
Hello Judith,
According to our copyright expert the specific CLA license is the one
for Higher Education Institutions.
Regards
Jean
--
Jean Lees
Document Supply and Distance Learning Manager
Western Bank Library
University of Sheffield
[log in to unmask]
0114 2227352
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