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Copyright Licensing

Copyright

General Information

Copyright protects the moral and economic rights of writers, publishers and other creators and applies to physical materials and to the electronic environment.

Copyright is infringed by copying without permission. All staff and students of the University have obligations to observe copyright law and the terms of associated licences. Information about copying guidelines can be found next to all Library photocopiers and scanners and on the following university copyright pages.

Advice for Academic Staff

The Copyright Licensing Agency Higher Education Licence enables the use of extracts of copyright protected printed books and journals to support teaching. It does not apply to any materials other than printed books and journals. It applies both to photocopying and scanning (digitisation).

Institutions are required to limit scanning to nominated individuals, to record every item scanned, and to ensure that a digital version is not already available commercially. The Library has established a digitisation service to ensure that the terms of the licence are adhered to.

What can be copied? The CLA's Title Search tool allows you to check whether or not we can copy from a particular text
How much can be copied? The general rule is that copies can be made of up to a chapter, entire article or 10% of the publication, whichever is the greater. For further information, check with the CLA
How many copies can be made? Multiple copying is limited to the number of students on the course
How can copies be distributed to my students? Via hand-outs in class, as part of a course pack or as a digital version included in the duo module for the course
How can copies from electronic originals be made available? It is preferable to provide a link to the provider rather than download an article and mount it locally, due to differing provider restictions. Please contact us for further information.
Am I currently infringing copyright? If you are uploading material from electronic information resources or making scanned copies from print originals available in duo without following licence terms you may be infringing copyright. Please contact us for further information.

Accessing Durham University Copyrighted Materials.

Durham University holds extensive collections of international repute within its many libraries.  Authors and researchers wishing to include material held within these collections within their own work must secure the necessary copyright permissions from university authorities. 

Users wishing to make use of Durham University copyrighted materials must, in the first instance, contact the University's Copyright Officer, Colin Theakston. He will endeavour to either answer the query himself or pass it on to relevant expert staff.

Researchers and writers wishing to make use of the vast collections held at our Palace Green Library are encouraged to visit their web-pages at PG Library to browse their holdings and secure the necessary copyright permissions from the options available there.

Without express permission from the copyright holder, any of the following may infringe copyright:

  • copying more than the fair dealing limits
  • copying from many non-UK publications
  • copying for students from an item acquired from another library for private study
  • except in specific exceptional circumstances, distributing copies made from a personally-owned book or journal
  • copying sound recordings, films or videos
  • making scanned copies from print originals available in duo without following licence terms
  • making multiple print or scanned copies available to anyone other than students on your course
  • uploading material from electronic information resources into duo unless you know this is explicitly permitted by the supplier
  • systematic printing or downloading of e-journals or from bibliographic databases

Without express permission from the copyright holder, any of the following may infringe copyright:

  • copying more than the fair dealing limits
  • copying from many non-UK publications
  • copying for students from an item acquired from another library for private study
  • except in specific exceptional circumstances, distributing copies made from a personally-owned book or journal
  • copying sound recordings, films or videos
  • making scanned copies from print originals available in duo without following licence terms
  • making multiple print or scanned copies available to anyone other than students on your course
  • uploading material from electronic information resources into duo unless you know this is explicitly permitted by the supplier
  • systematic printing or downloading of e-journals or from bibliographic databases

Copyright considerations for university employees.

1) Copyright in any work created by an employee in the course of employment belongs to the employer. In keeping with normal academic custom, however, the University generally waives its claim to copyright in research publications.[1]

2) In these circumstances, individuals may publish these works to their own benefit. The University will automatically receive an implied worldwide royalty-free licence in perpetuity entitling it to use all such materials for internal educational and research purposes whilst recognising the author’s moral rights.

3) It is the responsibility of the individual academic to make any publisher, or any other party interested in the publication of such material, aware of this licence.

4) Where an individual academic requires a waiver of the licence to the University in clause 2 for the purpose of publication, a waiver may be granted upon application, by the PVC Research.

5) This discretionary waiver of claim copyright does not extend to works specifically commissioned by the University, to teaching materials [2] or to other copyright protected works with commercial potential. For additional information please see the University Intellectual Property Policy for further information.

6) For further clarification, contact legal.support@durham.ac.uk .

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[1] Research publication includes textbooks, academic journal articles, conference papers and related presentations, theses and dissertations, popular non-fiction, novels and poems, but excludes any such materials or part of them which can be defined as Teaching Materials.

[2] Teaching Materials are defined as any materials, whether in written, recorded or other electronic form including web-based material, computer programs, computer based learning material and databases, produced by one or more members of staff in the course of their duties for use in or connection with a degree programme module or other course offered by the University. Textbooks, or other materials produced for publication that are not related to a particular course offered at Durham University, are excluded from the definition of Teaching Materials except where a member of staff has been specifically asked to write the material for a specific course. Personal lecture notes and other materials that are not routinely made available to students are also excluded from the definition of Teaching Materials.

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University Copyright Officer
Colin Theakston
Telephone : 0191 3342970

Library Digitisation Unit
Katharine Davidson-Brown
Telephone : 0191 3342967