[senit] copyright and colour photocopying

From: Sarah Anderson <crinkldy.sarah at hotmail.co.uk>

Barry

thanks.

of course the publisher (and artist) would want to protect their interests.

and the CLA is there to balance interests and rights etc.

so in what way is the scenario in breach of the regulations?

And as we can copy books, which include illustrations, irrespectve of the accessibility issues, the illustrator would not expect (under CLA) payment for the copy.

so, does the scenario breech the CLA regs?

dave

-----Original Message-----
From: senit-bounces at lists.becta.org.uk
[mailto:senit-bounces at lists.becta.org.uk]On Behalf Of barry andrews
Sent: 25 June 2008 19:11
To: senit at lists.becta.org.uk
Subject: Re: [senit] copyright and colour photocopying

The publisher would probably object to this type of use. It's understandable that they protect their interests and the illustrator might also have rights to royalties, etc.

I would have thought that a simple solution would be for publishers to make the illustrations available as clip art collections to purchase. I think a limited number of ORT and Wellington Square graphics used to be available. This would protect the copyright holder keep the users on the right side of the law.

Barry

--- On Wed, 25/6/08, Sarah Anderson <crinkldy.sarah at hotmail.co.uk> wrote:

> From: Sarah Anderson <crinkldy.sarah at hotmail.co.uk>
> Subject: Re: [senit] copyright and colour photocopying
> To: senit at lists.becta.org.uk
> Date: Wednesday, 25 June, 2008, 6:54 PM
> But the theoretical scenario of colour copies of the pages
> of ORT book (or other) made into a matching activity where
> pupil matches correct sentence/builds sentence underneath,
> would be illegal....
> Sounds like this new info makes us all more legal than we
> were, but not fully legal!!  Yet all we are doing is
> encouraging our pupils to read when they wouldn't
> otherwise, making reading more interactive and available,
> and focusing on the children's learning, not on making
> or saving money!!!
> It's a mad, mad world
> Sarah> Date: Wed, 25 Jun 2008 16:13:19 +0100> From:
> dmitchell at worcestershire.gov.uk> To:
> senit at lists.becta.org.uk> Subject: Re: [senit] copyright
> and colour photocopying> > Paul> > I appreciate
> your expression of caustion.> > could we explore a
> theoretical scenario? > > Reader is in a school using
> the ORT. reader cannot read text. Reader can read Widgit
> Literacy Symbols (and is expanding their symbol sight
> vocabulary)> > A page of an ORT book is scanned and
> opened in Communicate: in Print. Symbols are added. The
> page is then printed.> > this makes the original
> accessible....> > does this not meet the requirements
> of section 7?> > dave> -----Original
> Message-----> From: senit-bounces at lists.becta.org.uk>
> [mailto:senit-bounces at lists.becta.org.uk]On Behalf Of Paul
> Nisbet> Sent: 23 June 2008 12:16> To:
> senit at lists.becta.org.uk> 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/>
> > > > > > > > > >
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