Scanning, the Internet and Electronic Storage

The Main Points:

Copying

  • Material on the Internet is protected by copyright law in the same way as material in any other format such as books, television programmes, etc.

  • Permission to use material from the Internet must similarly be sought from copyright holders.

  • Even layouts and logos have copyright or trademark protection

  • You should not incorporate or distribute copyright material from the Internet without the permission of the copyright holder, eg. by scanning in diagrams, articles, logos, images, or cutting and pasting from Web sites.

  • You should not download material from the Internet for incorporation into assignments. This could be plagiarism as well as infringement of copyright.

Scanning

  • Scanning for electronic storage is itself a form of copying, even if the work or image is not readily viewable. A limited account of scanning is allowed under 'Fair Dealing', but this applies strictly to private study or research of a non-commercial nature, and must not involve dissemination of any kind (see below for guidance). For educational purposes material can only be scanned if: (i) the permission of the copyright holder has been granted or (ii) it is done under the terms of the CLA trial scanning licence. For details of how this is done, please see: http://www.aber.ac.uk/en/is/library/.

The following notes for guidance were drawn up by the Joint Information Systems Committee (JISC) and the Publishers’ Association:

COPYING ELECTRONICALLY FAIRLY OR UNFAIRLY ?

Here are some practical guidelines.

Viewing on screen. Any incidental copying to disk involved in the viewing of part or all of an electronic publication should be considered fair dealing.

Printing onto paper. Printing onto paper of one copy of part of an electronic publication should be considered fair dealing if done by an individual or by a librarian at the request of an individual for the purpose of research or private study.

Copying onto disk of part of an electronic publication. Copying onto disk of part of an electronic publication for permanent local storage should be considered fair dealing if done by an individual where the disk is either a portable medium or a fixed medium accessible to only one user at a time, or if done by a librarian at the request of an individual where the disk is a portable medium.

Copying onto disk of all of an electronic publication. Copying onto disk of all of an electronic publication is not fair dealing and the permission of the rightsholder should be sought in all cases.

Transmission to enable printing of part of an electronic publication. Transmission by computer network of part of an electronic publication for the purpose of printing a single copy with only such interim electronic storage as is required to facilitate that printing should be considered fair dealing.

Transmission of all of an electronic publication. Transmission by computer network of all of an electronic publication is not fair dealing and the permission of the rightsholder should be sought in all cases.

Transmission for permanent storage of part of an electronic publication. Transmission of part of an electronic publication by a librarian over a computer network to an individual at their request for permanent electronic storage (but not retransmission) should be considered fair dealing.

Posting on a network. Posting of part or all of an electronic publication on a network or WWW site open to the public is not fair dealing and the permission of the rights-holder should be sought in all cases.

For further information see also “Guidelines for Fair Dealing in an Electronic Environment” (JISC and the Publishers’ Association 1998): http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.html