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Hi Ben
It all depends on the security. Having the article visible doesn’t mean anyone can open it without authenticating.
CLA can probably confirm this but adding the CFP copy on the catalogue is no different to adding it to a Reading List such as Talis, Leganto or Keylinks. All are openly searchable, but only authorised users can actually access the digital content.
If you add the CFP copy onto the catalogue using a DCS Link or similar (which I’m assuming people on the DCS mailing list would be doing), only staff and students who already have access via your University’s authentication will be able to access the PDF, not the general public. Any University staff or students are permitted to open/read CLA Licensed copies, but only students and staff on the specific course are permitted to print or download their own copy. The PDF should have a CLA Copyright Notice with the additional wording, restricting printing or downloading by users unrelated to the intended course, as advised in the CLA User Guidelines (pgs 10 & 11).
I definitely wouldn’t recommend anyone not using a secure platform to host their CFP copies, to make these PDF’s publicly accessible via the catalogue.
Re. the S.41 copies, that’s the bit that’s debateable.
The wording of the exception says a library can supply a single copy, but it does not say the copies must be paper or any other format. Since the Infosoc Directiive, the exceptions are supposed to be format neutral i.e. There is a mandatory exception to the right of reproduction for certain temporary acts of reproduction which are integral and essential part of a technological process (temporary copies), and which aim to enable a lawful use or a transmission in a network between third parties by an intermediary, of a work or other subject-matter.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l26053
I would argue that if you have received the copy in digital format, you can host it on a digital platform for access by library users, again via authentication as with any other electronic resources. I definitely should wouldn’t recommend making the S.41 copies publicly accessible via the catalogue.
If you receive the copy in print format, you could digitise it under S.40B ‘Libraries and educational establishments etc.: making works available through dedicated terminals’ i.e.
S.40B (3)The conditions are that the work or a copy of the work—
(a) has been lawfully acquired by the institution,
(b)is communicated or made available to individual members of the public for the purposes of research or private study, and…..
In my mind, why else would a library request a copy for stock, if not to make available to its users? S.41 says nothing about how or where or in what format to host the copy, it just uses the words ‘supply a single copy’ which is open to interpretation. What exactly does it mean in the digital environment? Not to supply multiple copies?
Does anyone have a different take on this? Maybe a question for LIS Copyseek?
Kate
From: CLA Digital Content Store (DCS) mailing list <[log in to unmask]> On Behalf Of Ben Catt
Sent: 18 July 2019 16:28
To: [log in to unmask]
Subject: Re: Copyright Fee Paid copies
Hi Kate,
Wouldn't the sharing of CFP copies through a catalogue be considered "transmission" of the copy, which is only permitted as part of a course of study?
Are you also suggesting that copies received under s.41 can be digitised and made available on a catalogue for all users? I thought that the 'single copy' restriction meant that the receiving library could only hold a single, print copy of the material.
Thanks,
Ben
On Thu, 18 Jul 2019 at 11:53, Kate Vasili <[log in to unmask]> wrote:
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
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