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EditInfringement and Enforcement
Organisations that make copies of books, journals or other copyright material must buy a licence from the Copyright Licensing Agency (CLA) to do so. Money received from these licences is divided between publishers and authors, via the Publishers Licensing Society (PLS) and the Authors' Licensing and Collecting Society (ALCS) and others.
The system is voluntary in the UK in that rightsholders may choose whether or not to become members. This choice may be exercised by opting out either entirely or title by title, excluding their works from the licence (see
Excluded Works). This does not necessarily prevent copying of their works - but it means that the copying may be infringing copying. Under existing UK legislation, CLA cannot sue for infringing copying, but rightsholders may. CLA may provide the evidence of what may be infringing copying, if discovered during its data-gathering activities, but cannot act as claimant.
Users are obliged to take out licences where a scheme exists. However there is no legal compulsion for them to declare that they copy © materials, which is why CLA has business development and compliance functions
The most common form of licence is a blanket licence, enabling users to copy without seeking permission for individual acts of copying. In return, the users must obey the fair but strict terms and conditions, and must pay an annual fee for the copying they carry out. This is a very good system because it embodies the all-important principle of choice.
EditCopying outside the terms of the licence
CLA is Alerted by:
• survey information
• a whistleblower
• a licenceholder or rightsholder
CLA rarely makes the first approach to a school, or any educational institution, except in the case of the trial
Scanning Licence.
Evidence
First CLA establishes if there is any evidence of infringement.
The compliance procedure is activated on receipt of a complaint from a publisher.
• CLA will write to the principal of the school, setting out details of an alleged copyright infringement, and will forward a copy of the licence guidelines highlighting copying extent limits etc.
• CLA has a right to carry out a personal compliance inspection at the school, and if CLA finds evidence of infringement, the publisher is informed of the allegation.
• CLA will then seek the publisher's assistance to identify the work, and to calculate the extent of excessive copying, and to seek legal action if necessary.
• If CLA judges that legal action is necessary, it will approach the publisher(s) whose copyright in works appears to have been infringed, and invite them to join the action as named plaintiffs.
Remedy
• CLA is required to advise the licensee on how the licence should be adhered to.
• CLA stresses to the licensee their obligations, offering copyright education if requested.
• a copyright workshop for teachers and staff.
• CLA initiates legal action if necessary.
EditMonitoring
CLA does not actively monitor licensees to ensure that the terms of the licence are being complied with because is does not have the resources to do this. To put a monitoring function in place would increase the CLA
admin fee.
However on signing a licence, the new licensee is given an initial management briefing on the terms of the licence, highlighting the provisions and limitations of the licence. The importance of adhering to the agreement is explained to staff.
However, in the case of the trial Scanning Licence, CLA has a programme of visits designed to monitor adherance to the terms of the licence, in order to ensure that the trial is effective.