Hi Hannah

(Also apologies for the long reply)

 

CFP copies are supplied to us under our CLA EHESS Licence and the Licence granted to BL and other CFP Libraries.

 

The EHESS Licence is granted under the CLA HE licence and stipulates what the CFP copies can be used for,

“Service”: means CLA’s Enhanced Higher Education Supply Service for UK Higher Education Institutions whereby Copies are supplied

to the Institution for processing, transmission or further copying by such Institution in order to provide such Copies to students and

teaching staff as part of a course of study. For the avoidance of doubt, the Service is only available to the Institution whilst they hold

a current signed Licence. (I’m assuming this means a current CLA HE Licence?)

“Service Supplier”: means any entity appointed by CLA at its discretion to deliver any part of the Service on behalf of CLA as may

be notified and further detailed to the Institution by CLA from time to time. (e.g. BL, NLA, NLW etc)

“User”: shall mean any student or member of the teaching or faculty staff authorised by the Institution to access the Copy.

 

The CLA Licence allows access to students and staff who are not connected to a course, but they are not permitted to print or download (no need for technical restrictions as the copyright notice should just inform them of this). So yes, you can host it on your catalogue to make available to all users.

 

 

You could also link to that article/extract from a Reading List or VLE, but the link in the catalogue would need to be a DCS link to fulfil all the CLA Licence requirements and restrictions.

 

Re your question about linking from a Reading List to more than one CFP article from the same issue that are hosted in the catalogue:

I’m afraid not. You wouldn’t be able to provide links in the Reading List or VLE to more than one CFP article per issue because you would be circumventing your CLA licence terms. Although, it is permissible for students to ‘independently’ access another CFP copy of an article from the same issue, that is in the catalogue for a separate course Reading List (they might also be enrolled on the other course). We just can’t be deliberately directing them to multiple CFP articles from the same issue.

 

Re S.41 copies (for library stock) of journal articles are not bound by any of these restrictions, or the S.42A restrictions (copies for individuals), so we could lawfully make them available on the library catalogue for any library user to access.

 

This is my understanding but happy to be corrected as ever.

 

Best wishes

Kate

 

 

From: CLA Digital Content Store (DCS) mailing list <[log in to unmask]> On Behalf Of Pyman, Hannah R
Sent: 18 July 2019 09:25
To: [log in to unmask]
Subject: Copyright Fee Paid copies

 

Hi,

 

Apologies for cross-posting, but following the current discussion about copyright fee paid copies on this group I wanted to ask the following:

 

After hearing Matthew Lambert from the British Library speak at this year’s interlend conference, I have been thinking about the way we use our Copyright Fee Paid articles for our reading lists. Currently, if we receive digitisation requests for multiple articles from the same issue of the same journal we would only upload one of these, as per our CLA licence. We go by this rule whether we are making scans from a print copy of a journal, or whether we are purchasing Copyright Fee Paid articles from the British Library, the National Library of Scotland, or RightFind. It has occurred to me, however, that if we are purchasing a digital copy of a Copyright Fee Paid article, we are not making additional digital copies by uploading them to our reading list platform, but are merely hosting them there. In that respect, we are not making digital copies under the terms of the CLA licence as we would be if scanning from a print journal, for example.

 

Additionally, if we were to add the Copyright Fee Paid articles to our catalogue, we would bookmark to these articles using our reading list platform just as we do to e-books or online journal subscriptions. This would then simply be a different method of hosting them in our reading lists.

 

Am I therefore right to conclude that if we purchase more than one Copyright Fee Paid article from the same issue of the same journal, we would be able to host more than one of these in our reading list platform?

 

I hope that makes sense, but please do let me know if further clarification is needed.

 

I also wondered how many people are adding CFP articles to their collections, and whether cataloguing proves a problem?

 

Apologies for the long post!

 

Best wishes,

 

Hannah

 

Hannah Pyman AFHEA

Interlending and Document Delivery Assistant

Library Services

University of Essex

 

T  01206 873102

E  [log in to unmask]

library.essex.ac.uk

 

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