Frequently Asked Questions - Licensees

1. Can I copy from a work that states that no part of the work may be reproduced in any way without permission from the publisher?

Yes, if you have a licence with CLL, you can. CLL has the non-exclusive mandate to act on behalf of the majority of publishers and authors from around the world in providing licences for the multiple copying of extracts from books, periodicals and journals.

However, if the work is listed in a Schedule of Excluded Works which forms part of your licence agreement, then you may not copy from the work without permission from the copyright owner.

Where a work states that it may not be copied under a copyright licensing scheme, then permission to copy from the work must be sought directly from the copyright owner. Any copying from a work stating that it may not be copied under a copyright licensing scheme, will not be covered by the indemnity provided under the CLL licence.

2. Can I copy more than the amount allowed under my licence?

Yes, but only under a transactional licence provided by CLL.

3. Can I copy artistic works such as illustrations, photographs and diagrams under my licence?

Illustrations, diagrams and other artistic works may not be taken from a published work and inserted into a work produced by another, without authorisation from the copyright owner. Copying of such works is only permitted under licence (or under statutory exception) where they are copied in conjunction with part of a printed or textual work.

4. Can I copy cartoons under my licence?

You may only copy a cartoon if it is copied in conjunction with part of a printed or textual work. It cannot be copied as a separate item without permission from the copyright owner.

5. Can I make copies from a copy of a work rather than from the original work under my licence?

There is an assumption that all photocopying under licence is from original published works owned by the licensee. However, where it may not be practicable to make copies from the original work, copying from a copy may be permissible if it is accompanied by a notice clearly identifying the work from which it was copied.

Examples:

• If an educational licensee is providing a course for an external organisation and the work being copied is from the specialist library of that organisation then a copy may be taken from the work so that further copies can be made for the course.
• Often the journal from which an article is to be copied is held in the licensee’s library. To avoid taking the journal out of the library for several days while it is being copied, a copy of the article may be taken so that further copies can be made under licence.
• Where a lecturer holds a copy of an article from a periodical which can no longer be obtained, then that copy may be used to produce additional copies under your licence.
• Copies can be made from interloan copies only where it is not possible to obtain the material from any other source.

6. What should I do to show that the copies of copyright material made were made under licence?

You should include a notice stating that such copying was carried out under licence. For example:

Copied under Licence with Copyright Licensing Ltd by “Licensee”. Not to be further copied or otherwise reproduced without prior consent from CLL or the copyright owner.

7. What should I do if the copyright material copied under licence does not provide source details or details of the copyright owner?

If the material is being included in course notes or workbooks, then the copyright material used should be acknowledged in a bibliography or reference list in accordance with normal referencing standards. Alternatively, a copyright notice identifying the copyright owner should be included on the material copied.

An example is given below:

Title:
Author:
Publisher/Publication:
ISSN/ISBN:
Publication Date:

8. Can I alter or modify copyright material before copying it?

No, this is not permissible. Alteration or modification of a work by cutting and pasting extracts from it is likely to compromise the integrity of the work, infringing the author’s moral rights and the publisher’s typographical right. Any copy of copyright material made under the terms of your licence must be true to the typographical format of the work being copied.

The copyright in the typographical arrangement of a published work protects the image of the work on the page and exists independently of the copyright in the underlying literary work. Therefore, headings or illustrations cannot be replaced and the typography cannot be changed.

9. Can copyright material be scanned and held in electronic format for access by staff and students under our licence with CLL?

Printed copyright material can only be scanned and electronically stored for the purposes of making photocopies under current licensing schemes. Such material can only be accessed by authorised persons to produce photocopies for authorised purposes and may not be transmitted or accessed on any form of electronic network.

10. Can material downloaded from the Internet be copied under our licence?

No, a CLL Licence does not permit photocopying of material downloaded from the Internet.

11. Can material downloaded from a CD-ROM be copied under the CLL Licence?

No, a CLL licence does not permit photocopying from CD-ROM printouts. Each CD-ROM is governed by the specific conditions of the licence agreement accompanying it. However users may negotiate common terms with their CD-ROM providers.

12. Can I post copyright material onto the Internet, Electronic Bulletin Boards or to Newsgroups under our licence with CLL?

No, material from books, journals or periodicals should not be posted onto the Internet or to newsgroups or electronic bulletin boards without the written consent of the copyright holder.

13. Does our copyright agreement cover New Zealand texts only, or does it apply to Australian and English texts too?

Your CLL licence allows you to copy from a worldwide repertiore of published works, in hard copy format, owned by your institution.  Therefore, texts published in other countries are included.