Secker, Gadd and Morrison (2019)

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1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Secker, Gadd and Morrison (2019)
Title: Understanding the value of the CLA Licence to UK higher education
Author(s): Jane Secker, Elizabeth Gadd, Chris Morrison
Year: 2019
Citation: Secker, J., Gadd, E., & Morrison, C. (2019) Understanding the value of the CLA Licence to UK higher education. Available: https://ukcopyrightliteracy.files.wordpress.com/2019/07/cnac-research-project-report-final-with-logos-1.pdf (last accessed: 8 August 2019)
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The study uses mixed methods over four research themes:

• Theme 1 examines the use of the CLA licence and activities of higher education institution licensees. This is predominantly examined through legal analysis and interview data on the interpretation of s32 of the CDPA.

• Theme 2 examines the volume and nature of photocopying, scanning and digital copies. To this end the study examines un-anonymised CLA datasets which report on licensees use of works.

• Theme 3 examines the availability of digital content under the CLA licence using mixed methods, including analysis of the CLA datasets in Theme 2, comparisons with bibliographic data, and institutional case studies.

• Theme 4 consists of an international comparison of the UK position, examining reports by WIPO, Communia, IFLA, journal articles, legislation etc.

Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: Yes
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2016-2017
  • 2017-2018
Funder(s):

Abstract

“This report presents findings of research conducted in late 2018 to understand the value of the Copyright Licensing Agency (CLA)’s HE Licence. This Licence permits higher education institutions to copy material (both from print and digital originals) for use in teaching and learning, and the research was undertaken to inform future negotiations between the CLA and the Universities UK Copyright Negotiation and Advisory Committee (CNAC). The research also sought to explore the value of secondary copying more broadly, at a time when higher education institutions are increasingly preferring to purchase primary digital resources.The term ‘value’ is used in the broadest sense to mean the benefits this licence provides to the higher education sector as well as the ‘value for money’ it offers.”

Main Results of the Study

Despite the introduction of the new s32 CDPA exception for illustration for instruction, existing CLA licences are still perceived as necessary for higher education institutions. However, its use is inconsistent, with only a small number of institutions making intensive use of digital copying provisions. 32% of all scanning under the licence is carried out by only 10 institutions (primarily large and well-funded research universities); this suggests that the majority of higher education institutions do not benefit from the licence.

The study also finds that the purpose of use of the CLA licence is changing as scanning declines overall. Instead, higher education institutions are more likely to use the licence to give students access to books in digital formats where e-book licences are either too restrictive or unaffordable.

The rise of open access models for journals results in the CLA licence having limited application here - 38% of journal content scanned under the licence is available open access. The study suggests that higher education institutions are avoiding open access options due to difficulties in identifying legitimate open access content and reuse terms.

Finally, the value of secondary licensing schemes is country-specific, with countries that have broader copyright exceptions valuing schemes such as the CLA licence less.

Policy Implications as Stated By Author

The study contains a number of recommendations for institutions/library directors, SCONUL/RLUK and Jisc, CNAC, and CLA. These include the introduction of ongoing monitoring on the frequency of use of the CLA licence, data collection, and exploration of open access models.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets