Frequently Asked Questions on Copyright and Licences

Questions on copyright basics for Library users

Q. How much may I photocopy from books and journals?: For private study or research you may copy, under “fair dealing”:
• 5% or one chapter, whichever is the greater, of a book
• 10% of a small book or report of 200 or fewer pages
• one article from any one issue of a journal
Q. How long does material stay in copyright?: Published material with a known author is covered by copyright until 70 years after the death of the author, rounded up to the next 31 December. If there are joint authors, the last to die determines the date.
Q. If the work is out of copyright, may I then copy it freely?: Not if the edition you have got in hand was published in the last 25 years: the publisher has copyright in the typography and layout.
Q. What are the rules on copying done by Library staff?: If photocopying is done by Library staff then:
• the requester must sign a declaration that they have not already been supplied with a
copy of the work by any librarian, and that the copy is for private study or research
• only one copy of a single journal article from one issue, or of a “reasonable
proportion” of a book may be made
• the Library must be paid for the copy.
Q. I own this book/journal, so why can’t I photocopy as much as I want?: You have bought a copy, but that does not give you the right to make further copies from it. If it is still protected by copyright, someone else owns the “copyright” which is the right to make, or to allow others to make, copies. You can only make copies which are allowed by the law as “fair dealing for research or private study” or under other provisions, or are allowed under any relevant licence, or for which you have permission from the copyright owner.
Q. I wrote this paper/chapter/book, so why can’t I photocopy as much of it as I want?: What did you sign when you agreed to publication? In many cases you will have signed away your ownership of the copyright to the publisher. The publisher is then the rights owner who can give, or charge for, permission to make copies beyond what is allowed under law or licence.
Q. What about copying things other than books or journals?: The University has a number of other licences that allow for copying. These are:
• CLA Copyright Licensing Agency
• DACS Design and Artists Copyright Society
• NLA Newspaper Licensing Agency
• ERA Educational Recording Agency
• Ordnance Survey Map

Questions on using other people’s web pages

Q. May I print out this web page and duplicate it for my students?: Not unless there is a note on the web page or web site saying that you may do so. Look at the page itself and the site home page, and follow links such as “Copyright”, “About this site”, “Legal”, “Info” or “Help”. If there is permission with conditions (e.g. “For educational use only” or “pages must be printed in their entirety including the copyright notice”) then you must comply. If there is no statement giving permission for the use you want to make of the page(s), contact the site author to request permission.
Q. What may I do with a web page without seeking permission?: You may print out a copy of a web page for your own personal use. If a statement on the page or site allows further use, you may do as it allows. Look at the site home page, and follow links such as “Copyright”, “About this site”, “Legal” or “Help”.

Questions on copying for teaching

Q. May I make multiple copies to hand out in class, either piecemeal or as a pack of course readings?: Yes, if:
• the students are registered students (or staff) of the University of Portsmouth
• the material is not on the CLA “Excluded works” list
• the amount copied and distributed for any one module, from any one published
edition, is not more than the greater of (a) 5% of the edition, or (b) one chapter of
a book, one article of a journal, the report of one case in law reports, or one short
story or poem of up to 10 pages from an anthology.
• the University owns a copy of the original published edition, or a British Library
Copyright Fee Paid Service (or similar) copy
• only one copy per student on the module, plus one for the lecturer, is made.
Q. May I make copies for students on a short course?: No.
Q. May I copy for distance learners?: Yes, under the conditions described above. (Copying for distance learners was not included in the previous CLA licence, but is included in the 2002 licence.)
Q. What are the rules on copying for visually impaired students?: The CLA licence allows “enlarged photocopies” of any amount of material to be made for visually impaired staff or students, if:
• the main text in these copies is at least 16 point size
• these copies are only for the use of visually impaired staff or students
• the material is covered by the licence (i.e. not on the CLA “excluded works” list)
• the University owns a copy of the original published edition and it is available for
other students
Q. I wrote this article, so can I put a photocopy of it in the Library’s Short Loan Collection?: Did you assign copyright to the publisher? If so, the publisher is the owner of the rights and you have the right to make a copy for “research or private study” (as “fair dealing”) but not for the purpose of putting it in the Short Loan Collection.
Q. Can I register to use CLARCS?: You don’t need to, unless you want to scan/digitise material. Paper copies (study packs, etc) are no longer cleared through CLARCS. For any copying beyond what is allowed by the new CLA licence you must contact the publisher or other rights-owner direct.
Q. May I reproduce this material in an exam question I am setting?: The law says that “Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions”. (CDPA(88) 32(3)). This does not apply to music for performance in an exam. The copyright material must not be copied or made available later for other purposes, under this clause.
Q. May I make copies to hand out in school while I’m on teaching practice?: Not through the University’s licence. Members of the University (staff or students) may make multiple copies for other members of the University under the terms of the CLA licence. Making multiple copies for people who are not members of the University is not covered by this licence and is illegal. The school in which you are teaching should have its own arrangements for legal copying for class use.