1. Interlibrary Loan Supply for Higher Education Course Readings: The practitioner’s journey to EHESS and integration Kate Vasili Copyright Officer, Middlesex University James Bennett Head of Rights and Licensing, CLA

2. Copyright, Designs and Patents Act 1988 CHAPTER 48

3. Library Privilege S.41 Copying by librarians: supply of copies to other libraries. (1) The librarian of a prescribed library may, if the prescribed conditions are complied with, make and supply to another prescribed library a copy of— (a) an article in a periodical, or (b) the whole or part of a published edition of a literary, dramatic or musical work, without infringing any copyright in the text of the article or, as the case may be, in the work, in any illustrations accompanying it or in the typographical arrangement. (2) Subsection (1)(b) does not apply if at the time the copy is made the librarian making it knows, or could by reasonable inquiry ascertain, the name and address of a person entitled to authorise the making of the copy.

4. Library Privilege Post 2014 Reforms S.41 Copying by librarians: supply of single copies to other libraries (1) A librarian may, if the conditions in subsection (2) are met, make a single copy of the whole or part of a published work and supply it to another library, without infringing copyright in the work. (2) The conditions are— (a) the copy is supplied in response to a request from a library which is not conducted for profit, and (b) at the time of making the copy the librarian does not know, or could not reasonably find out, the name and address of a person entitled to authorise the making of a copy of the work. (3) The condition in subsection (2)(b) does not apply where the request is for a copy of an article in a periodical. (since 2014 reforms)

5. Multiple Copies S.40 Restriction on production of multiple copies of the same material. (1) Regulations for the purposes of sections 38 and 39 (copying by librarian of article or part of published work) shall contain provision to the effect that a copy shall be supplied only to a person satisfying the librarian that his requirement is not related to any similar requirement of another person. (2) The regulations may provide— (a) that requirements shall be regarded as similar if the requirements are for copies of substantially the same material at substantially the same time and for substantially the same purpose; and (b) that requirements of persons shall be regarded as related if those persons receive instruction to which the material is relevant at the same time and place.

6. CLARCS CLA Reprographic Clearance Service (1998) Transactional Copyright Clearance for multiple course copying from University collections (charges = per page x per student) Excluded copying from Library Privilege (BLDSS) copies e.g. Library Photocopy/Reserve collections because ownership of an original required.

8. BL CFP DSS BL ‘Copyright Fee Paid’ Document Supply Service introduced to facilitate further copying and multiple copying under the CLA Licence, of Library Privilege copies. BL DS Service supply charge plus Copyright Fee to satisfy CLA ownership criteria and pay royalties to the rightsowners. Library staff advised to purchase CFP copies wherever possible for the photocopy/reserve collections and to facilitate copying for course readings.

9. Photocopy Collection Sources COVER SHEET FOR ITEMS IN THE SHORT LOAN OR RESERVE COLLECTION Academic Year of Creation: Title of Work: Author(s): Publisher/year: Page Nos: This item has been legitimately obtained as indicated below. Relevant evidence is appended where necessary. Unless indicated below, further copying is allowed under terms of the licence or Copyright, Designs and Patents Act 1988 (CDPA). This item has been reproduced: (Please tick one box) from CLA Licensed Material (i.e. original material owned by this institution and licensed for photocopying by the Copyright Licensing Agency under the Higher Education Blanket Licence). [] with the written permission of the rights holder(s) [] with the explicit permission of the rights holder (copyright waived). [] with permission and payment of a royalty under the...............................................Copyright Cleared Service (e.g. NLA - UK Newspapers, DACS - Artistic works) [] the British Library’s Document Supply Centre – with permission and payment of a royalty under, the Copyright Fee Paid Service [] – under the terms of s.41 of the CDPA 1988*‘Copying for Stock’[] – under the terms of s.42 of the CDPA 1988* ‘Copying for Replacement ‘.Strictly for reference. No lending or further copying allowed[] under the terms of s.36 of the CDPA 1988* ‘Copying for Instruction’ [] being out of copyright / public domain.[]

10. CLA Trial Scanning Licence Launched 2006 Blanket Photocopying −No longer transactional −No reporting Scanning introduced with various additional restrictions and requirements −Assigning designated persons (roles) authorised to scan −Not permitted where a digital version available −Retaining integrity −Copyright notices attached −Annual compliance checking, reporting and weeding −VLE Monitoring

11. BLHESS BL Higher Education Scanning Service Individual agreement between BL and HEI’s BL to provide digital copies on request under CLA licence. – Scanned from CLA licensed, print publications owned by BL – Unencrypted to enable CLA Copyright Notice to be attached and for student annotation/copy-pasting extrracts. Can be from print content owned by HEI (outsource scanning. OR content not owned but licensed for copying.

12. CLA HE Comprehensive Licence Optional addition to HE Basic Photocopying and Scanning Licence (2009) covering copying from born digital publications e.g. e- books, e-journals. Copyright notice and annual reporting, compliance checking and weeding requirements as with scanning. Separate mandate list to photocopying (less mandates permitting copying from digital).

13. BL DSS Developments To increase efficiency and quality of copies, save storage space and decrease costs and delivery times. Replacement of print original purchases for more digital subscriptions Automated DSS retrieval from digital source first (Boston Spa)

14. Effect on HEIs BLHESS requests were increasingly being fulfilled automatically from digital sources. Advantages: Quicker turnaround (same day fulfilment) Cheaper Better quality copies received. Disadvantages: Few HEIs opted into Comprehensive Licence, therefore automatic digitally sourced BLHESS copies, unlicensed to re-use/upload for course readings. No longer an option to request BLHESS copies scanned from print via some ILL software packages and LMSs, requiring telephone requests in each instance. Many copies supplied from born digital had to be rejected and re-requested from print source.

15. Further Complications CCC Exclusions US publications now excluded where a digital version is reasonably available to purchase. BL unable to supply from Legal Deposit collections.

16. Solutions? CLA Comprehensive licence made compulsory by including in HE Licence (2013), but differences between scanning and digital copying mandates remain to date. CLA continue to negotiate with rightsowners to align mandates for all versions and editions of publications e.g. Global Mandates BL negotiate Document Supply Licences, both owned and unowned, direct from rightsowners.

17. British Library – copyright-fee-paid document supply The British Library provides copyright-fee-paid document supply services to UK Higher Education Institutions under Licence from both the Copyright Licensing Agency and publishers directly. The British Library has direct agreements with a number of publishers that allow it to provide both scanned and born-digital documents without encryption to all HEIs that hold a CLA Higher Education Licence. This complements the British Library’s HE Scanning Service (HESS), which is licensed by the CLA and which permits the British Library to provide scanned copies without encryption to HEIs for use on their VLEs. We are delighted to confirm that, as all HEIs now hold the new single CLA Higher Education Licence, HEIs may request copyright fee paid copies of articles and book chapters not held in their collection for use on their VLEs. The British Library HESS service can also be used to outsource the scanning of items held in your own library for adding to Reading Lists and VLEs........ please also note that we are unable to supply content from a small number of publishers through this service. For a list of this content, please view out ‘Excluded Content List' in PDF format from the panel on the right hand side of the page. http://www.bl.uk/services/document/hess.html

18. When do you need to pay a copyright fee? You will need to pay a copyright fee in most cases, including: – If the document you are ordering is intended for any kind of commercial use whatsoever, or research / private study with a commercial purpose – If you are not registered with the British Library, are registered as a commercial organisation or as an individual – If you are based outside the UK – If you are ordering more than one copy of the same article, or more than one article from the same issue of the journal (a separate copyright fee will have to be paid for each additional copy we make) – If you want to circulate copies within your organisation. For more information on the definition of 'commercial use', see our FAQs on Copyright law. Important: Paying the copyright fee does not mean that you are allowed to make further copies from the document without permission or an appropriate license. You do not need to pay a copyright fee for an item ordered on loan. http://www.bl.uk/reshelp/atyourdesk/docsupply/help/copyright/when/

19. Integration with BLHESS HERON Packtracker TADC - Talis Aspire Digitised Content Module Software for managing digitisation of course readings by: – Integrating with BLDSS to automate BLHESS requests. – Checking licence coverage and compliance – Attaching copyright notices – Automating annual compliance checking, reporting and weeding.

20. TADC Integration Simple set up Creation of a Sub-account (optional) Authorising TADC to use the account. TADC activate the account.

21. Latest CLA Developments CLA DCS Digital Content Store Will further assist in the management of the CLA HE Licence requirements i.e. removal of annual reporting, compliance checking and weeding by HEIs. EHESS Agreement and DCS Integration Enhanced Higher Education Supply Service

22. Launched in September 2015 CLA administration of British Library On Demand services for UK HEIs Replaces former HESS service Negotiated bulk service charge pricing Pay monthly or on deposit High quality, DRM-free copies 48-hour turnaround OCR as standard Enhanced Higher Education Supply Service (EHESS) Partnership between British Library and CLA

23. EHESS Usage

24. Feedback on large file sizes for high quality scanning British Library explored options Trial begins 1 August Compressed file sizes over 5MB 1 month trial to assess benefit and any downsides Feedback to BL customer services File Size Issues Trial of Compression Software

25. UK HEIs must report digital copying to CLA annually Renewal of scans annually involves checking with hundreds of academics Duplicate digitisation across HE sector Licence extent and repertoire checks Analogue, manual process aided by some third party workflow tools In 2014, CLA decided to develop a solution… Digital Content Store Census Reporting

27. A centralised, secure, CLA-operated content store for HEIs to store digital copies created under the licence, rather than on individual institutions’ repositories A workflow tool for HEIs to manage the digitisation process and associated administration It will be included in the CLA annual licence fee for HEIs from August 2016 and will remove the need for census reporting for those HEIs that choose to use it It will be optional. What is the Digital Content Store?

28. Workflow Solutions: DCS User workflow

29. HEIs using the DCS will no longer need to: Provide census reports to CLA Check with academics whether an existing scan is required for the next academic year (requirements checks or weeding) Duplicate scanning across the sector Seek coursepack permissions from multiple sources Digitise works themselves (if they do not wish to) Benefits to Customers

30. The DCS will integrate with the following: CLA Check Permissions, for licence coverage verification CLA Second Extract Permissions Service Library Management Systems to check ownership of originals Reading list systems via an API And of course... British Library On Demand for seamless EHESS ordering EHESS files will be stored in DCS for future use Integrated DCS

31. EHESS Integration Automatic switch over in TADC Packtracker closing down end of 2016. DCS integration imminent

32. New CLA HE Licence CLA and U UK/Guild HE licence negotiations commenced 2015 to May 2016 U UK/Guild HE Wish List compiled from comments and requests collected during LIS-Copyseek circulated surveys and UUK-LIS Copyseek event July 2015

33. Fees £0.15 per FTE fee increase agreed based on improvements to the licence (approx. 2.1%). Agreed no RPI or CPI annual increases (which previously varied from 2-4% p.a).

34. Limits and Source Maximum of 10% or….....whichever is the greater for all publications. When calculating the 10%, unrequired content, substantial blank spaces and advertisements can be omitted from the total. No longer any restrictions on copying from older editions.

35. Retention Course reading may be retained/available for the duration of the course/degree programme. Course items becoming excluded during a course of study, may be retained until the end of the course/module (this previously required removal in one month from notification). Original source material used for scanning no longer needs to be retained by the HEI i.e. to facilitate collection weeding in libraries (although keeping records evidencing prior ownership is advised).

36. Other Assignment of designated persons no longer required (although all staff scanning under the licence must be trained in and agree compliance with the licence terms and requirements). Clearer guidelines are being drafted as we speak. More information on Audits/Surveys will be available via the CLA Website and the licence guidelines. CLA discussions with the music publishers regarding the HE Music Licence are currently on hold but will commence asap.

37. Thank you for listening

38. Image Permissions Chapter: Public Domain, https://commons.wikimedia.org/wiki/File:Chapter-1.jpghttps://commons.wikimedia.org/wiki/File:Chapter-1.jpg Journal: Public Domain, https://en.wikipedia.org/wiki/Science_(journal)#/media/File:Science_Vol._1_(1880).jpg https://en.wikipedia.org/wiki/Science_(journal)#/media/File:Science_Vol._1_(1880).jpg Handouts: Wikimedia, Author- aokomoriuta （青子守歌） CC-BY-SA or CC-BY-NC https://commons.wikimedia.org/wiki/File:Preparing_WCJ2009_-_finished_handouts.jpg#filelinks Question Time: Public Domain https://pixabay.com/en/clock-alarm-clock-question-mark-69184/https://pixabay.com/en/clock-alarm-clock-question-mark-69184/