CONUL Seminar 5th November 2020: The role of the ICLA Licence in the teaching and research information landscape

1. THE ROLE OF THE ICLA LICENCE IN THE
TEACHING AND RESEARCH
INFORMATION LANDSCAPE
Samantha Holman
CEO, Irish Copyright Licensing Agency
5th November 2020

2. COPYRIGHT LAW IN EDUCATION
“Copyright is one of the most
confounding and misunderstood
laws affecting colleges and
universities.”
Kenneth D Crews, Indiana University 1992

3. BACKGROUND TO THE ICLA HE LICENCE
• Introduced in the 1990s and became a licence over-ride in 2002 for
reprography
• Updated in 2006 for limited digital use extension
• Updated in 2015 for integrated print & digital licence (combining
exception over-ride and voluntary permissions)
• 2019 Copyright & Other Intellectual Property Act introduces new
education exceptions replacing reprography and broadening scope
• September 2020 SI 277 of 2020 introduces the new ICLA HE Licence

4. COPYRIGHT LEGISLATION UPDATE
• Text & Data Mining – non-commercial
• Implementation of Marrakesh Treaty and broader definitions of disability
• Education exception – including distance learning and web content
• Updated library & archive provisions
• Updated legal deposit to include non-print works

5. THE INFORMATION LANDSCAPE
• Out of Copyright
• Open Access
• OER/Creative Commons
• Direct Licences
• Blanket Licence
• Other exceptions (exam setting for
example)

6. SOURCE OF MATERIALS – A SAMPLE
• Reading for Social Psychology
•
• Books
• The Social Animal by Elliot Aronson 9E - Chapter 1, copied under the ICLA Licence
• Handbook of Social Psychology by John Delamarter - Chapter 3, copied under the ICLA Licence
• Handbook of Social Psychology by Gilbert et al - link to chapter in library's ebook collection (paid for)
• Journals
• Social Psychology Quarterly - Article - Crowd sourcing: Do peer prototypes match reality? - link to library
resource (paid-for)
• Annual Review of Sociology - Article - Advances in the Science of Asking Questions - link to library resource
(paid for)
• Society and Mental Health - Article - Immigration and visible-minority status - link to copyright-fee-paid copy
in VLE made available under ICLA Licence
• Journal of Experimental Social Psychology - Article - Can we reduce facial biases? - link to open access article
in hybrid Elsevier journal
• BMC Psychology - Article - Stress of conscience questionnaire - link to open access journal
• Lancet - Article - Humankind neither nasty or brutish - link to library resource (paid for)

7. WHAT YOU CAN COPY
ICLA repertoire comes from
• General mandate 1992
• Individual mandates from 2001
• Visual works appearing in publications
• Educational exception 2019
• Bilateral agreements
• Excluded categories
• Individual opt-outs “Excluded Works”
WHAT YOU CAN’T COPY UNDER
THE LICENCE
WHAT YOU CAN COPY 2020

8. HOW MUCH CAN YOU COPY?
Photocopy, scan or copy from a born-digital publication including
websites:
• Extracts only
• Up to 10% or one chapter from a book…
• One article from an issue of a periodical…
• One short story or poem from an anthology…
• One court report from a collection…
• Equivalent amount from born-digital publications including websites…
…per course of study in one academic year

9. WHAT YOU CAN DO …
• Print enough copies for all students
on a specific course of study;
• Distribute digital copies to all
students on a specific course via email
or VLE
• Send to distance learners and
overseas
• Copy illustrations without related text
• Alter, annotate & translate content
while observing the author’s Moral
Rights
• Post to the internet
• Copy for commercial gain
• Substitution for purchase of original
work
• Copying of a whole work
• Digital archive and storage beyond
the end of the specific course of study
WHAT YOU CAN’T DO …
USING THE LICENCE

10. EDUCATION EXCEPTION AND
LICENCE
• Part of works to support teaching and
learning
• PUSH – material chosen to push out
to students
• Up to three copies at substantially the
same time for research and private
study
• Aimed at libraries which can not avail
of the broader educational exceptions
• PULL – individuals choose further
material to support their own learning
and research
LIBRARY PRIVILEGE
TWO ROUTES TO CONTENT

11. IMPROVING UNDERSTANDING
• Understanding the copyright notices supporting the licence
• An appreciation of the importance of intellectual property
• An understanding of what IP is and how it operates to support creators,
owners and users
• Avoid anxiety, misuse or lack of use altogether of materials protected by
copyright

12. ANY QUESTIONS OR FOLLOW UP
sam@icla.ie