Excluded Works

While the CLA repertoire is broad, there are certain titles or publishers excluded.

As per clause 3.2 of the Licence, the HEI must own or have subscribed to the original material from which the copy is made.  This remains the case in the DCS, regardless of whether or not another HEI has uploaded a copy in to the repository. If the HEI does not own the source material, as presently, an HEI can purchase a Copyright Fee Paid (CFP) copy to act as ownership.  It is possible to order these from the British Library and CLA’s EHESS facility via the DCS. 


Can excluded works be added to the DCS? 

When searching for a title, if it is excluded from the CLA HE Licence, it is still possible to add a copy from the material to the DCS. However, this would be on the understanding that direct permissions have been obtained, for instance from the publisher, in order to copy from a work where a CLA exclusion is in place. A field in the DCS requires HEIs to indicate if this is the case. 

Will excluded items be given a Copyright Notice as standard?

If material is added to the DCS, but is excluded from the CLA repertoire and is instead being copied under, for instance, direct permissions, no Copyright Notice will preface the material.  HEIs are likely to be given a cover page by the publisher issuing direct permissions, or a bespoke one from the HEI can be included in the scan to be uploaded.



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