Graham and LIS-ILLers

Hi - as Copyright Officer, I'm replying 
on behalf of Jean to save further 
confusion!  Yes you are right, the 
distance learning service for individual 
students is covered by the CPDA Section 38:

"38. Copying by librarians: articles in 
periodicals (1) The librarian of a 
prescribed library may, if the 
prescribed conditions are complied with, 
make and supply a copy of an article in 
a periodical without infringing any 
copyright in the text, in any 
illustrations accompanying the text or 
in the typographical arrangement.
(2) The prescribed conditions shall 
include the following—
(a) that copies are supplied only to 
persons satisfying the librarian that 
they require them for purposes of 
research or private study, and will not 
use them for any other purpose;
(b) that no person is furnished with 
more than one copy of the same article 
or with copies of more than one article 
contained in the same issue of a 
periodical; and
(c) that persons to whom copies are 
supplied are required to pay for them a 
sum not less than the cost (including a 
contribution to the general expenses of 
the library) attributable to their 
production."

The copies are delivered as a .pdf, are 
limited to one download, are available 
for a limited period and the electronic 
copy is deleted immediately. This is in 
line with the SED service provided by 
the British Library. The individual 
students are charged for the copies.

At Sheffield we offer this service but 
we also offer a scanning service for 
courses under the CLA HEI Licence and 
have been working closely with the CLA 
on this so we know that it is OK under 
the licence.  This is where the 
confusion has arisen I'm afraid. 
Apologies for setting hares running on this.

Regards
Elaine

J.Lees said the following on 09/05/2008 
10:40:

> Jean
> This licences specifically excludes scanning for any other purpose than a course of study and placing those scans in a course collection - Clause 4.1.1
> I would be interested to know what clause is being used to enable to provide the service
> Thanks
> 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]
> 
> 
> From Lis-ILL
> Hello Judith,
> 
> According to our copyright expert the specific CLA license is the one for Higher Education Institut
> ions.
> 
> Regards
> 
> Jean
> ------- End of forwarded message -------
> Jean Lees
> Document Supply and Distance learning Manager
> Western Bank Library
> University of Sheffield
> [log in to unmask]
> 0114 2227352


-- 
Elaine Dean
Head of Access to Library Services and 
Library Copyright Officer
Health Sciences Library
Floor C
Royal Hallamshire Hospital
Glossop Road
Sheffield
S10 2JF
Tel. 0114 226 8813
or 0114 222 7297
www.sheffield.ac.uk/library/