[senit] copyright and colour photocopying

Hurray!!  I'd read the scottish guidance when googling this issue, great news it applies to England now too 
Thanks to everyone for their input
Sarah> From: Paul.Nisbet at ed.ac.uk> To: senit at lists.becta.org.uk> Date: Mon, 23 Jun 2008 12:15:51 +0100> Subject: Re: [senit] copyright and colour photocopying> > > Hot news about copyright:> > >From April this year, the Copyright Licensing Agency has extended permission> to create accessible books to cover all pupils who are disabled (previously> schools could only create accessible copies for those with a visual> impairment or physical disability, as Jamie says).> > You can download the new licence from> http://www.cla.co.uk/Schools_licences.php. I've copied the relevant clause> into the bottom of this email.> > The change has come about in part as a result of a request from the Scottish> Government (see press release at> http://www.scotland.gov.uk/News/Releases/2008/05/09141804), and we just> found out that the new permissions apply across the UK, not just in> Scotland. > > It means that schools can now create accessible versions of books in any> audio, digital or other print format, for pupils who cannot access the> standard print copy, without having to ask permission of the publisher. It> covers anyone who is disabled under the DDA, which includes learning> disability.> > This will have huge implications because previously schools and voluntary> organisations were legally able to make and share Braille, Large print and> audio books for visually impaired pupils without asking permission but not> other print-disabled pupils; now we can make e.g. talking books in> powerpoint, scanned digital books read out with text to speech software,> etc.> > To answer the original question from Dave: you can't alter the work beyond> what is needed to enable access and so copying the pictures from an ORT book> into your own reading activity I think wouldn't be covered by clause 7 in> the licence - I think it would be illegal. The licence does allow scanning> of 5% or a chapter, but I suspect that this means you can scan a complete> chunk of the book - i.e. a single complete chapter, or 5% containing both> pictures and words - I don't think you could scan all the pictures and not> the words and call it 5% of the book. > > Other useful stuff:> > TechDis and the Publishers Association have a list of publishers' contacts> who you can ask for e.g. digital copies of books. See> http://www.publisherlookup.org.uk/.> > TechDis also have a very good guide to making accessible books at> http://www.techdis.ac.uk/getaltformat.> > See also our Books for All web site at http://www.booksforall.org.uk. > > Paul> > Extract from the CLA Schools Photocopying and Scanning Licence> > 7. VISUALLY IMPAIRED AND DISABLED PERSONS> > 7.1 The provisions of this clause shall only apply where an Authorised> Person is visually impaired or otherwise disabled and by reason of such> visual impairment or disability is unable to read or access a Licensed Copy> made under the provisions of this Licence.> > 7.2 Notwithstanding the provisions of clause 5.2 the Licensee may make and> supply a copy (an "Accessible Copy") of part or the whole of any work within> Licensed Material in any alternative format that is more accessible to an> Authorised Person (as described in 7.1), whether in digital or audio format,> large or small print copies or embossed copies (whether produced in Moon or> Braille or otherwise) or in other formats on, and subject to, the following> conditions:> > 7.2.1 the Licensee must have lawful possession an original copy of any work> from which it makes an Accessible Copy;> > 7.2.2 the Licensee may only make an Accessible Copy of a work if and to the> extent that such work is not commercially available in a form accessible to> the Authorised Person for whom the Accessible Copy is made;> > 7.2.3 each Accessible Copy that exceeds the limits set out in clause 5.2> shall contain:> > (a) a statement that it is a copy of the original work made under a CLA> Licence for the personal use of a visually impaired or a disabled person> and that it may not be further copied (including any electronic copying or> transmission) or dealt with without permission or save as may be> permitted by law;> > (b) the title, as well as the name of the author and publisher, of the> original work and the published edition from which it is copied;> > 7.2.4 the Licensee may only charge for the supply of an Accessible Copy an> amount which does not exceed the cost of making and supplying it;> > 7.2.5 any Accessible Copy produced in a digital format may include> facilities for navigating around the Accessible Copy and any such other> facilities or changes (such as enlargement, reduction or colour selection of> the text or illustrations) as are necessary to enable the Authorised> Person for whom the Accessible Copy is made to access the Accessible Copy> provided that:> > (a) such changes do not amount to a derogatory treatment of the work;> > (b) no other digital manipulation of the work is made whether by way of> optical character recognition, morphing, colour or shade adjustment> beyond what is necessary to make the Accessible Copy accessible to the> Authorised Person for whom the Accessible Copy is made;> > 7.2.6 that the Accessible Copy is only to be used for the benefit of> Authorised Persons.> > 7.3 An Authorised Person is to be regarded as visually impaired or disabled> for the purposes of this clause if he would be regarded as a "visually> impaired person" in accordance with s.31F (9) of the Copyright, Designs and> Patents Act 1988, or, as appropriate, as a disabled person in> accordance with s.1 of the Disability Discrimination Act 1995.> > > _______________________________________________> Paul D. Nisbet> Senior Research Fellow> Communication, Access, Literacy and Learning (CALL) Scotland> Moray House School of Education> University of Edinburgh> Paterson's Land, Holyrood Road> Edinburgh EH8 8AQ> Tel. 0131 651 6236 Fax 0131 651 6234> email Paul.Nisbet at ed.ac.uk> > CALL Centre: http://callcentrescotland.org.uk > SQA Digital Exam Papers: http://www.AdaptedDigitalExams.org.uk > The Scottish Computer Voice: http://www.theScottishVoice.org.uk > Books for All: http://www.booksforall.org.uk > Books for All blog: http://pauln.edublogs.org/> WordTalk reader for Word: http://www.wordtalk.org.uk > > The University of Edinburgh is a charitable body, registered in Scotland,> with registration number SC005336.> _________________________________________________> > -- > The University of Edinburgh is a charitable body, registered in> Scotland, with registration number SC005336.> > > -----Original Message-----> From: senit-bounces at lists.becta.org.uk> [mailto:senit-bounces at lists.becta.org.uk] On Behalf Of Jamie Munro> Sent: 23 June 2008 11:00> To: senit at lists.becta.org.uk; Mitchell, Dave (ChS-ISSS)> Subject: Re: [senit] copyright and colour photocopying> > It's a very fuzzy area but as I understand the current position, you can> currently make a digital copy for someone who is visually impaired or has a> physical disability that prevents them from using a conventional book but> NOT for someone who has a learning difficulty.> > What we need is something like the NIMAS legislation in the US that requires> publishers to make material available in accessible formats.> > It seems mad that publishers start with an electronic version of a> publication, print it on paper, use valuable resources getting it to the> educational establishment, who them have to spend time and materials putting> it back into an electronic format.> > Jamie> > > From: "Mitchell, Dave (ChS-ISSS)" <dmitchell at worcestershire.gov.uk>> > Reply-To: <senit at lists.becta.org.uk>> > Date: Mon, 23 Jun 2008 10:45:24 +0100> > To: <senit at lists.becta.org.uk>> > Conversation: [senit] copyright and colour photocopying> > Subject: Re: [senit] copyright and colour photocopying> > > > Sarah> > thanks for raising this agin.> > I cannot find the link but there is an explanation on a gov't site... name> > escapes me ... CPA (copyight protection agency?)> > > > If my memory serves well (?) either Adrian Higginbotham (becta) or Ian> > Butterworth (The ACE Centre) know something here> > > > I have been acting on the the folllowing basis:> > - does copyright apply? if so then apply following. If not... do what you> > want.> > - own an original (ie can demonstrate I paid for a paper version)> > - digital copy can be made to enable soemone who has a sensory/physical or> > learning difficulty that results in them not being able to access the> paper> > version> > - do not copy the digital copy to others.> > > > .......> > > > this is how I operate:> > - does copyright apply?> > - no, then look at project guttenburg and other sites that have e-versions> of> > books. If not available then follow below> > -yes, then acquire a legitimate copy of the publication and retain> receipt.> > - to convert books:> > - take the book to a printer / print dept and ask them to cut off the> binding> > (usually 2/3 mm is sufficient off perfect binding)> > - take the cut book to a scanner that has automatic document feeder (adf)> > with duplex scanning and feed chapter by chapter (there will be a limit> to> > the number of pages an adf can handle at any one time) (we use HP mfp...> which> > scans and email a pdf of each chapter to my email address)> > - use OCR to convert the scanned documents. (we use Scan2Text or ClaroRead> > Plus (which has Scan2Text)> > - copy text to appropriate application (fascinating when copied to> > Communicate: in Print!!!)> > - also produce MP3> > > > > > > > Dave Mitchell> > > > -----Original Message-----> > From: senit-bounces at lists.becta.org.uk> > [mailto:senit-bounces at lists.becta.org.uk]On Behalf Of Sarah Anderson> > Sent: 21 June 2008 22:02> > To: senit at lists.becta.org.uk> > Subject: Re: [senit] copyright and colour photocopying> > > > > > > > Hi> > I know we've had discussions in the past about copyright but I wanted to> raise> > it again. I'm currently writing our acceptable use of IT policy and> thought I> > really ought to included copyright info as it is referred to from the> music> > download perspective in Kent's e-safety policy and Becta advice. I'm> > considering it from the scanning and colour photocopying perspective.> > I've scanned books and made them into powerpoint books for pupils. I know> it> > was said this was allowed for pupils with visual impairment but I'm using> it> > generally around school. A breach of copyright? A member of staff made a> > lovely border for her display on 'Funnybones' using part of a picture from> the> > book (think this is ok as it's less than 5% of book). I'm currently> making a> > reading activity for a pupil using copied pictures from his ORT book.> > We're due an LA internal IT audit so I wanted to get this right, but> please> > tell me if you think I'm being too pernickity (sp?)> > Sarah> > _________________________________________________________________> > > > http://clk.atdmt.com/UKM/go/msnnkmgl0010000009ukm/direct/01/> > > > > > > > > > **********************************************************************> > Confidentiality Notice> > This message and any attachments are private and confidential and may> > be subject to legal privilege and copyright. 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