As part of our work on document supply, the Streamlining Task & Finish group identified uncertainty around copyright as one of the key impediments to efficient sharing of copies between NHS libraries and customer-focussed document supply services. In fact, changes to the 1988 Copyright, Designs and Patents Act in 2014, and the introduction of the CLA Licence Plus for the NHS in England in 2015, mean that relatively speaking, sharing and using copies across the wider NHS in England has never been easier!
However, the picture can still be complicated.
For example, although documents can be supplied electronically, can multiple copies be shared amongst NHS staff and is a copyright declaration required?
In other words when does the Act apply, when does the CLA Licence apply, where do publisher licences come into this?
What happens where the NHS interfaces with higher education, with local authorities and with members of the public? For the answers see the table at the end of this posting.
Members of the Streamlining Task & Finish group appreciate the complexities and understand that copyright conundrums can bring even experienced library staff out in a cold sweat!
To that end we underwent training on copyright issues and will be launching a new service to help NHS library staff deal with copyright issues.
We have established a team of ‘Copyright First Responders’ which includes NHS library staff from each region. Our role will be to provide advice and answers where we can, and refer you to other experts if we can’t.
We will also maintain a central store of guidance and FAQs at http://www.libraryservices.nhs.uk/forlibrarystaff/information/nhs_copyright.html .
We have set up a single email address: firstname.lastname@example.org. So if you have a query about copyright, don’t break out into a cold sweat, contact us and we’ll respond!
David Watson, Learning Resources Adviser, Rodney Cove-Smith library, South Tees NHS Foundation Trust for Streamlining Task and Finish Group
Copying under the CLA Licence for the NHS in England and under UK Legislation: summary table
|Query||CLA Licence||UK Legislation
|Who may make/receive copies?||All members of the NHS workforce, including primary care, public health, students on placement, and HEI providers of LKS to the NHS||Anyone: under Copyright Law, individuals may make ‘fair dealing’ copies from copyright works
|What may be copied?||Copies may be made from anything owned by/subscribed to by the NHS and covered by the CLA Licence||Fair dealing/library privilege copies may be made from any copyright work*
|How much may be copied?||Two articles from a journal issue, any number from a themed issue; one chapter or 5% of a book||A ‘reasonable’ proportion e.g. one article from a journal issue, one chapter from a book
|How many copies may be made?||Multiple copies, including copies of copies||Only single copies
|Any restrictions on the purpose for copying?||Any NHS-related use||Personal/non-commercial research only
|Are declarations required?||No||Yes (e-tick OK)
|May we send copies electronically?||Yes||Yes
|May we store copies?||Yes on secure networks for access by colleagues||Yes but for personal use only