Copying for Commercial Purposes

Agreed Statement between the CLA & UUK/SCOP

"That the CLA will not seek evidence of copying which in its view might be outside the scope of the current Licensing Agreement because it has a commercial purpose. However, the CLA reserves the right to withdraw this undertaking if in its view progress on the negotiations is unsatisfactory, but in that event would give HEIs six months notice of any such withdrawal."

UNIVERSITY RESEARCH PURPOSES STATEMENT:

The University of Wolverhampton issues the following statement and advice for staff and students regarding the purposes of research within the Institution. This is with regards to the changes to the Copyright Designs and Patents Act 1988 (replaced in October 2003 by the European Unions - Copyright and Related Rights Regulations), that involve the management of 'copyright material' in 'commercial / non-commercial' activities:-

The primary purpose of research at the University of Wolverhampton is the advancement of knowledge, and therefore the use of copyright material in the pursuit of research is deemed to be 'non-commercial'. There are though, certain activities within the Institution where the use of 'copyright material' in future may fall within the understood definition of 'commercial activity', (for example) the development of patents and spin off companies.

Operating under our present licensing agreements with licensing agencies (most notably the CLA (Copyright Licensing Agency) photocopying and scanning licence) and advice from UUK (Universities UK) and SCOP (Standing Conference of Principals) our staff and students shall operate as 'authorised users' until further notice.

The determination of 'commercial/non-commercial' purposes is dependant on the known character of the research on the day that the copy is requested. The UK Government has made it clear that the responsibility of 'declaring use' rests with the user making the request. Please do not expect Library/Print Services staff to make this decision for you.

Examples of 'commercial' purposes include:-

  • Research undertaken or contracted out by a commercial company in support of its commercial activities.
  • Searching for legislation and regulations for a commercial company.
  • Research whose results will be passed to a commercial company for commercial use.
  • Work done to assist in private medicine.
  • Work done in drafting a book, a book chapter, or an article for a scholarly journal for which the author will be paid or receive royalties.
  • Work done for a spin off company owned by the University or a charity, even if all profits are covenanted to the University or the charity.
  • Work done in preparation for a conference speech for which the speaker will be paid, over and above expenses.