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COPYRIGHT CLEARANCE FOR ONLINE MATERIAL

Universities are increasingly turning to online learning as a form of business continuity during the Lockdown period.  This will entail a marked increase in the need for online distribution of licensed and other works for remote access by students and teaching staff.

A statement has been published by the Publishers’ Association of South Africa (PASA) and the Dramatic, Artistic and Literary Rights Organisation (DALRO), giving guidance on procedures to follow when needing to reproduce licensed works. They have subsequently introduced measures that apply to:

1. Printed materials not available digitally that universities need to digitise now for access on secure electronic networks of the university i.e. iKamva
2. Digital materials available under a restricted university-wide license that need to be accessible remotely.

Steps to follow at UWC:

• Complete online form: Copyright Clearance Request Form
• The library will source possible avenues for obtaining digital versions
• If digital versions are unavailable, permission to digitise will be granted depending on each case
• Material can be placed on iKamva

ONLINE MATERIAL

1. Find your article on the library databases e.g. EbscoHost
2. Select the article
3. Select “export” in the right hand column
4. Select “direct export in RIS format”
5. Click “save”. The file is now saved as “delivery.ris”
6. Open iKamva to your course resources
7. Click on the “Add” dropdown button & select “Add citation list”
8. Select “import citations”, and then click “browse” or “choose file” to go to your saved “delivery.ris” file. Select the file & click “import”. Your new article citation now appears in your resources.
9. To test it (even off campus), click on the article titlewhich should open to the extended bibliographic page of the article.
10. Select the PDF full text to open the document

A transactional licence is a one-off licence which requires institutions to obtain permissions up front for the specific reproduction of a specific item for a specific purpose.  (UWC and CPUT)

A blanket licence is an umbrella licence issued to education institutions against payment of a fixed fee per FTEs (Full-time equivalent Student) (UCT and SU)

For research or personal use (Sect 12 Act:) single copy of reasonable portion

Copies made by academic depts (Reg 13)

• Per term, per course, not part of course pack
• No more than 3 short poems, articles, stories
• No more than 9 instances of above (effect must not conflict with normal exploitation of work)

By way of illustration: portion of literary/musical work (Sect 12 Act) (By way of example/clarification, not primary source of instruction)

Worst case scenario: Legal action

Cape Higher Education Consortium (CHEC)

Publishing Liaison Office (PLO): Provides copyright services to 4 universities in Western Cape:

• Facilitate the observance of the copyright law
• Explore cost effective ways to disseminate course materials
• Facilitate the practical process of obtaining copyright clearance – UWC (Transactional Licence)

The use of creative commons licensed or public domain images will prevent this occurrence. Cite the relevant photographer or producer if required by the licence. Many of these licenses do not require attribution and then this is not required. Here are some links to help you find such images, stock videos and sound files for your own presentations:

Make use of the creative commons search engine:  https://oldsearch.creativecommons.org/
Explore Pixabay or wiki media commons
Search google images using the advanced search function - make sure to select the correct usage option

Dissemination methods:

• Course packs/readers (printed)
• Single handouts
• Course management system (iKamva)
• Short Loan Section (Library)

Type of Content:

• Book chapters (printed): clear permission
• E-books: terms of use – license agreements
• E-journals: terms of use – licenses (restrictive)
• Internet: assume copyrighted unless disclaimer

Section 10: adopts fair use.

• New section 12(1)(a)(i)-(viii): Research, private study or personal use, criticism or review, news reporting, scholarship, teaching and education, comment, illustration, parody, satire, caricature or pastiche, preservation in libraries, archives and museums, access for underserved populations, public administration.
• New section 12(b): four fair use factors found in U.S. law:
• the nature of the work in question [second], the amount and substantialityof the part of the work affected by the act in relation to the whole of the work [third], the purpose and character of the use, including whether—such use serves a purpose different from that of the work affected and it is of a commercial nature or for non-profit research, library or educational purposes [first], and the substitution effect of the act upon the potential market for the work in question [fourth].

Use Open Access materials (creative commons)

1. Directory of open access books: https://doabooks.org
2. Directory of open access journals: https://doaj.org

Books/journals: Place original on short loan (small student nos)

E-journals: provide links (library can assist)

Internet content: provide links

Course Packs (printed) no links possible – payment

Reduce size of extracts and pages

Reduce student numbers (actual use)