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ACAT Guidance:  Copyright and the ACAT Library

Published March 2013 / Revised February 2014 / Revised February 2015 (ratified November 2015) / revised June 2016

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This document sets out ACAT’s Guidance to its members and requirements of them with regard to copyright and the ACAT online Library.  This document should be read in conjunction with ACAT’s Copyright Notices attached to all its Library papers.

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1.    Licence Type 
ACAT holds a CLA (Copyright Licensing Agency) Independent Higher Education Licence. 

2.    Extent of Library Access 
At the time the licence was negotiated, it was agreed that all our registered trainee members and full members were on CAT training and CAT CPD courses.  Registered Users and Friends are not included in this definition and are not given access to the on-line library of peer reviewed journals and chapters.  The Licence permits copies to be made in the UK only. 
Overseas:  ACAT Members who live abroad do not have access to the on-line library.  Courses in other countries, including those based in Dublin, do not have access to the on-line library.

3.    ACAT:  Acquiring Authorised Material 
ACAT holds a CLA Independent HE Licence so that only Designated Persons at ACAT can copy from both paper copies and digital copies and put them on the password protected section of our website.  No other copying or distribution is allowed.

Source Material:  An original of the book, journal or magazine owned by the HEI or a copyright fee paid copy of a chapter/article supplied by an organisation holding a document delivery licence with CLA (e.g. British Library).
ACAT has a contract with the British Library and with EHESS to supply copyright fee paid copies of articles and chapters. 

• If we are copying from digital originals e.g. e-books, e-journals under our CLA Licence then the publisher must be on the list of included digital publishers http://www.cla.co.uk/licences/excluded_works/digital/digital_he/
• If we are copying from a digital original and the publisher is not on the CLA list of included digital publishers then we cannot copy from the digital original under the CLA licence.  We would have to check the terms and conditions of the supplier/publisher if we wish to copy from it. 
• Each digital copy is required to have a copyright notice appended to it.

4.    Extent limits of source material

• One chapter of a book
• One article of a journal issue
• One paper of one set of conference proceedings

5.    How are copies accessed by members?
Please note:  5a and 5b are the only methods of distribution authorised by ACAT

5.a  Trainers and administrators can email students with links to the ACAT website for each paper.  Each student would be instructed to log on to the site and then follow the link in the email which would give direct access to the paper.  Each download is recorded for CLA records.

5.b  The training courses can have links embedded into course documentation that enable students to access papers from the website.  Each download is recorded for CLA records.

6.    Digital Copy Permissions and Restrictions
The licence allows the student on the Course of Study (and the course tutor) to view, download and print a Digital Copy – the rights granted do not extend to redistributing, reformatting or republishing the Digital Copy (or any part of it).  For example, a Digital Copy cannot be forwarded by a student by email to another student on the same course, to a student on another course of study or to any other individual / third party organisation.

7.    Annual Licence Renewal
ACAT is required to submit an annual return to the CLA listing the number of students we have with an approximate calculation of hours of study. 

8.    Annual Returns
ACAT is also required to submit details annually of downloads and digital copies made over a year to the CLA but there is no additional financial consequence to ACAT in respect of download numbers.  The return is to allow the distribution of fees to the copyright owners.  Reporting procedures as follows:

a.  5a above:  “trainers /administrators can email students with links to the ACAT website for each paper.  Each student would be instructed to log on to the site and then follow the link in the email which would give direct access to the paper.  Each download is automatically recorded for CLA records.”  If using this method of distribution, courses need merely to confirm to ACAT that this is their method.

b.  5b above:  “the training courses can have links embedded into course documentation which enable students to access papers from the website.  Each download is recorded for CLA records.”  If using this method of distribution, courses need merely to confirm to ACAT that this is their method.

c.  Course documents circulated under a different copyright licence ie a Trust or University do not need to be reported to ACAT.

9.    Guidance regarding alternative sourcing:
ACAT cannot supply every paper that may be desirable for students to access.
Students may have other ways of accessing papers depending on their employment and affiliations.  Some courses (like those in the NHS) will have the ability to copy papers from NHS library sources to NHS employees under NHS arrangements.  Universities will also have their own arrangements.  Authors of papers may have retained rights of certain versions of their publications.  Some papers may be freely available to the public via the internet after certain periods of time.  Students can also use public library resources.

10.  Course Trainers’ Responsibilities
Trainers will need to assure themselves that they are acting correctly in their own setting if they supply papers for students in any way other than the methods of distributing ACAT sourced papers described above.

11.  ACAT – Legal
ACAT can take no responsibility and accepts no legal liability for the actions of those teaching or training on ACAT accredited courses and CPD study that fall outside those authorised by this guidance.

 

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Copyright Notice

Staff and students of ACAT are reminded that copyright subsists in this extract and the work from which it was taken. This Digital Copy has been made under the terms of a CLA licence which allows you to:
• access and download a copy;
• print out a copy.

This Digital Copy and any digital or printed copy supplied to or made by you under the terms of this Licence are for use in connection with this Course of Study. You may retain such copies after the end of the course, but strictly for your own personal use.

All copies (including electronic copies) shall include this Copyright Notice and shall be destroyed and/or deleted if and when required by ACAT.

Except as provided for by copyright law, no further copying, storage or distribution (including by email) is permitted without the consent of the copyright holder.

The author (which term includes artists and other visual creators) has moral rights in the work and neither staff nor students may cause, or permit, the distortion, mutilation or other modification of the work, or any other derogatory treatment of it, which would be prejudicial to the honour or reputation of the author.

Course of Study: CPD
Name of Designated Person authorising scanning: Alison Marfell

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