Clause 3.4 refers to the condition that copying under the Licence shall not substitute for the purchase of original Licensed Material. Where copies substitute for primary purchase, this is referred to as Textbook Substitution (TBS). This may take various forms – perhaps the copying is beyond extent limits so that the original source does not have to be purchased. Or, in the second scenario, several books are copied from, within extent limits, but together as a collection the copies form a ‘super book’ which means that students or the library do no need to purchase a core text.
The DCS is unable to detect or flag this issue, and so it continues to be the responsibility of individual HEIs to monitor reading lists, coursepacks and requests so that primary purchase is not circumvented. For more information, please contact CLA's Education team at support@claedqueries.zendesk.com.
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