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Published: 27 Nov 2020 Updated: 27 Nov 2020 Update History

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Technical helpsheet issued to help ICAEW members to understand more about the reproduction of ICAEW content, the role of the Copyright Licensing Agency and its relationship with ICAEW.

Introduction

This help sheet has been issued by ICAEW’s Technical Advisory Service to help ICAEW members to understand more about the reproduction of ICAEW content, the role of the Copyright Licensing Agency and its relationship with ICAEW.

ICAEW content

All ICAEW content is copyright protected and should not be copied or reproduced without permission, other than in the specified circumstances below.

In some instances where content is made available for members, such as a help sheet, a member will be free to reproduce the help sheet for personal, non-commercial use only.

Where this is permitted the help sheet will display a short paragraph setting out the terms of use underneath the ICAEW © notice. See the end of this help sheet for an example.

In addition, ICAEW’s Legal notice and terms of use provide the limited parameters within which you are able to access, print and download extracts from the ICAEW website.

In all other instances where you wish to reproduce or re-distribute ICAEW content visit https://www.icaew.com/icaew-policies/permissions.

Please note this does not negate your requirement to hold a CLA licence if your organisation’s use of other people’s content requires you to do so.

The Copyright Licensing Agency (CLA)

The CLA is a collecting society/licensing body1 which negotiates and grants copyright licences on behalf of its members. Its purpose is to allow public sector organisations, educational institutions, charities and businesses to legally copy and circulate extracts of content in an efficient and cost-effective manner. This includes copying from digital and print books, magazines, journals and websites of a large number of publishers.

To find out more about CLA visit www.cla.co.uk.

1 Collecting societies are ‘licensing bodies’ as defined by section 116(2) of the Copyright, Designs and Patents Act 1988 (CDPA 1988). CDPA 1988 defines a licensing body as an organisation whose object is to negotiate and grant copyright licences which cover the works of more than one author.

ICAEW’s relationship with the CLA

ICAEW is a member of the Publishers Licensing Services (PLS). This means we grant access to certain ICAEW content as part of the CLA collective licensing scheme.

As a member of the PLS, we have chosen to retain copyright in our work, but have authorised the CLA to grant licences on our behalf and to enforce our rights against infringers.

Do you need a CLA licence?

If your day to day role within business requires you to photocopy or share content from a wide range of copyright print and digital books, magazines and journals or different publishers, you may wish to consider a CLA licence.

Conducting a review of your organisation’s internal copying practices will help highlight if a CLA Licence is required. Below are examples of when a licence may be required:

  • any regular photocopying or scanning (and any subsequent electronic distribution) of material from magazines, books and journals;
  • Any copying of digital publications, e.g. e-books, journals and websites including any digital use such as e-mailing to colleagues or storage (whether on a local PC or a central server)
  • any further copying of cuttings or clippings from CLA-licensed magazines supplied under an agreement with a media monitoring firm or PR firm.

If you are still not sure whether you or your firm require a licence, it may be worthwhile answering the following questions, bearing in mind the activity of all employees.

  • Do you receive, access (including online) or share press cuttings?
  • Do you copy or print articles from websites or other digital content?
  • Do you email copies of articles or extracts from publications?
  • Do you store copies of articles or reports on an intranet?
  • Do you photocopy or scan content from books, magazines or journals?

If in doubt seek advice

If you are still unsure as to whether or not you require a CLA licence it is important you seek advice from the CLA. Failure to obtain a CLA licence when required could open you up to further investigation and infringement action.

There are exceptions to copyright law which may mean permission is not required. Some of the relevant copyright exceptions include non-commercial research and private study, criticism and review and fair dealing.

What is classed as fair dealing can be subjective and you are advised to seek independent advice first to reduce the risk of copyright infringement. For more information and support on copyright visit www.gov.uk/guidance/exceptions-to-copyright

ICAEW members, affiliates, ICAEW students and staff in eligible firms with member firm access can discuss their specific situation with the Technical Advisory Service on +44 (0)1908 248 250, via webchat or e-mail technicalenquiries@icaew.com.

Terms and conditions

© ICAEW 2020  All rights reserved.

This helpsheet contains content from the CLA website, which has been used with their permission (https://www.cla.co.uk/do-you-need-a-licence

ICAEW cannot accept responsibility for any person acting or refraining to act as a result of any material contained in this helpsheet. This helpsheet is designed to alert members to an important issue of general application. It is not intended to be a definitive statement covering all aspects but is a brief comment on a specific point.

ICAEW members have permission to use and reproduce this helpsheet on the following conditions:

  • This permission is strictly limited to ICAEW members only who are using the helpsheet for guidance only.
  • The helpsheet is to be reproduced for personal, non-commercial use only and is not for re-distribution.

For further details members are invited to telephone the Technical Advisory Service T +44 (0)1908 248250. The Technical Advisory Service comprises the technical enquiries, ethics advice and anti-money laundering helplines. For further details visit icaew.com/tas.

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