THE DALRO COPYRIGHT LICENCE

A PRACTICAL GUIDE FOR ACADEMIC AND LIBRARY STAFF

BACKGROUND

The University of Fort Hare has entered into a copyright licensing agreement with DALRO (Dramatic Artistic and Literary Rights Organization) in terms of which staff and students may make multiple photocopies of copyrighted works within prescribed limits without prior permission.

The licence agreement is a complex legal document. This guide summarises some of its salient points to assist you in understanding its principles and practice.

HOW MUCH YOU MAY COPY FROM A BOOK OR JOURNAL

The licence grants the right to make multiple copies of licensed material, to compile course packs for sale or distribution to students, and to generate electronic copies (for the sole purpose of producing multiple plain paper copies). However, it is important to note that there are limits to copying. Either singly or in aggregate, copying may not exceed 10% of a published work or one chapter, whichever is the greater.

All copying done in terms of the licence must be properly reported. Report forms are available at the Library, or at the Duplicating Department.

This is what you may copy from licensed material for a particular course of study:

You may make copies from a licensed copy in the short loan collection of the library which was originally made to preserve the original from theft, damage or defacement.

You may photocopy single items and place them in the short loan collection of the library for on-copying by students - but you may not make more copies than are reasonably required to comfortably deal with the lending or on-copying requirements of the students enrolled for the particular course.

You may make copies from a copy which the library has obtained through inter-library loan. If students are to be charged for the photocopied material, the price should not exceed the cost of recovery.

LEGITIMATE COPYING

No reporting is required for photocopying that is legitimate in terms of the Copyright Act:

NOT COVERED BY THE LICENCE

Before copying works in the following categories you must obtain prior permission from the rights’ owner:

RETROSPECTIVE REPORTING

Because the licence offers comprehensive permission to copy within the above limits, upfront clearance is not required. However, retrospective reporting is required. DALRO uses this information to distribute the fees collected to the rights’ owners.

You are required to record the copying of course packs, of copied material placed on the reserve shelf/short loan collection, and of transient electronic copies on the form provided for this purpose.

You are required to report on every occasion that additional copies of the material are made. In practice academic staff would normally report copying of course pack material once a year when the course pack is prepared for distribution. Photocopied material located in the Library's Short Loan Collection must also be reported annually.

WHY ARE THERE RESTRICTIONS?

The limit of 10% or one chapter (whichever is the greater) of a book has not been imposed by DALRO, but by the rights owners from whom DALRO receives its mandates. It should be remembered that the purpose of a DALRO licence to photocopy is never to substitute for the purchase of a book.

FEE PAYMENT

The University pays DALRO an annual fee based on a Rand amount per photocopied page multiplied by the expected average number of pages of licensable material made per FTE student.

It is common knowledge that students of some subjects - notably in the human sciences - acquire more photocopied pages than students of others, and that undergraduate students receive more than postgraduates. Since it is not possible to separate out what each student in each department of an institution acquires, this can only be represented by an average amount. The average in the licence agreement is not calculated for the institution, but is based on an expected national norm. The average number of photocopies assumed in the tariff is for DALRO's fee calculation only and does not represent the maximum amount of photocopies a student or staff member may make during any one year.

For ethical and legal reasons, the University of Fort Hare is determined to establish itself as a copyright compliant institution. All staff are requested to assist the University to reach 100% compliance as soon as possible.

In case of doubt contact:

Robin Trehaeven PABX: 040-602-2275
Deputy University Librarian

The Information Librarian at your Campus Library.

Richard Scott PABX: 040-602-2219
HOD: Duplicating Section

or:

DALRO Tel: 011-489-5000
e-mail: dalro@dalro.co.za

This document was written and distributed by Monica Seeber of DALRO. It was edited, revised and adapted for use at the University of Fort Hare by Robin Trehaeven. 11 June 2004.