Copyright and Scanning
Copyright is a complex issue and the advice offered in this section is intended to help you navigate copyright law and abide by the terms and conditions of our copyright licences, it should not be relied upon as legal advice or as a definitive statement of the law.
The main legislation dealing with copyright in the United Kingdom is the Copyright, Design and Patents Act, 1988. Any work that is original, in that it has required some degree of skill or judgement to make it, is automatically protected by copyright. For a full overview of copyright go to the Copyright Licencing Agency website.
All copying of copyright material carried out anywhere within the University must conform to the Copyright, Designs and Patents Act 1988 or to any of the subsequent licence agreements which the University has signed or be made with the express permission of the copyright holder.
The Library can provide guidance to members of the Arts University Bournemouth about copyright and the copying of material for research, teaching and learning at AUB.
Another useful resource is:
CopyrightUser.org is an excellent independent resource that aims to make UK Copyright Law accessible to creators, media professionals, entrepreneurs, students, and members of the public. Under the headings of musician, filmmaker, performer, writer, visual artist and interactive developer, CopyightUser.org informs creators about how to protect their work, how to license and exploit it, and how legally reuse the work of others.
Summary of the CLA HE Licence in terms of Digital Copies: 2016-2019
This Licence issued by the Copyright Licensing Agency permits AUB Staff to make digital copies, subject to strict limitations, from printed books, journals and magazines, and from Digital Material (such as e-books and e-journals that AUB has a licence for) and to store these digitised copies in such a way that they are only available to students registered on a course of study via secure login on a VLE. Digital copies may also be used by staff in PowerPoint presentations.
Copying of ‘website material’
The CLA HE Licence authorises the copying of ‘website content’; i.e. material in the form of still images and text created and posted on participating websites. This would include material from websites that are free-to-view but may not be free-to-copy. Please use the CLA Check Permissions Tool to ensure that the website is a participating one.
It is a condition of the Licence that each Digital Copy created, with the exclusion of ‘website material’, has a copyright notice appended to it in a prescribed format. It is a further requirement that AUB records and reports to the CLA full details of all digital copies that are created.
The Copyright Notice, obtainable from the link below, covers both these requirements, the first page must appear with the Digital Copy and both pages of the completed Copyright Notice must be returned to Linda Albin, the Licence Co-ordinator.
If it is not technically feasible to incorporate the Copyright Notice into the Digital Copy made under the Licence (i.e. the file cannot be edited), the Copyright Notice should be linked in such a way that a user must view the Notice before accessing the Digital Copy.
Who can make Digital Copies?
AUB staff members can make Digital Copies under the Licence after ensuring that they can meet all the requirements on the CLA’s Checklist: Making Digital Copies
The making of Digital Copies by students is not covered by the Licence.
What material can be used to make a Digital Copy?
Subject to strict limitations, Digital Copies can be made from either:
- an original book, journal or magazine owned by the AUB Library OR
- a copyright-fee-paid copy of a chapter / article supplied by an organisation holding a document delivery licence with CLA (e.g. the British Library)
- a publication in electronic form that has been bought by or is subscribed to by AUB Library. This is subject to the same extent limits as print material and has both geographic limits and copying conditions as well.
- free-to-view websites (that are not also free-to-copy) and websites that AUB subscribes to.
Please use the CLA’s Check Permissions Tool to see whether the material you want to digitise is covered by the Licence.
A Digital Copy should be an authentic representation of the original extract.
The licence permits the photocopying and / or scanning of pages in printed books, journals and magazines consisting either wholly of text, pages consisting wholly of images (e.g. illustrations, photographs and other works produced by visual creators) and of pages consisting of a combination of text and images, notwithstanding any credits / special acknowledgements / statement of copyright ownership often printed adjacent to an artistic work.
The licence permits a Digital Copy of a whole page visual image (e.g. a plate) or the disembedding of a part page visual image to be prepared. The Copyright Notice and Data Reporting requirements set out in the sections above apply to a Digital Copy, irrespective of whether it consists of a full or a part page artistic work.
What cannot be scanned?
The following types of material cannot be copied under the terms of the licence:
- printed music (including the words)
- maps and charts
- any work in which the copyright owner has expressly stipulated that “permission is not granted for copying under licences issued by The Copyright Licensing Agency”
- workbooks, workcards and assignment sheets and publications intended for a student to write on and for once-only
- unpublished material. Examples include theses, dissertations, assignments and ephemera such as Company Reports, retail supplier catalogues, in-house brochures and pamphlets etc.
How much can be scanned?
With strict reference to supply to a student enrolled on a Course of Study, the proportion of a work that can be copied consists of whichever is the greater, 10% of the work, or:
- one chapter of a book
- one article of a journal issue
- one paper of one set of conference proceedings
- one report of a single case from a report of judicial proceedings
- one short story or one poem of not more than 10 pages in an anthology of short stories or poems
Does AUB own an Equivalent Digital Version?
Before scanning from a printed book, journal or magazine check whether AUB Library owns or subscribes to an electronic version.
The Library subscribes to thousands of electronic journals and e-books. Students can access most of these resources remotely and you can add links to electronic journals and e-books in MyAUB.
How can students access the digitised copies?
Access to digitised copies must only permitted to students registered on a Course of Study through a secure VLE i.e. MyAUB, and only for the duration of the Course of Study, this can be defined as the full duration of their degree programme (or equivalent programme of study)
The Licence requires scanning to be carried out in respect of material needed for teaching on a ‘per course’ basis. Scanned copies must not be distributed by other means, e.g. by putting them on a website where anyone can access them. Access has to be limited to the students and staff on a course of study.
What can be done with digitised copies outside of the course’s duration?
All digitised content must be removed from MyAUB once the Course of Study has finished.
However, the licence permits a back-up copy to be retained on a secure network and added to the same course in future years or another course providing that only Authorised Persons can access the back-up copies.