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Copyright: Irish Copyright and Licensing Agency License

What is the ICLA License?

This license allows for Higher Education Institutes and specifically their teaching staff, to use licensed material to aid in their teaching to an extended but still limited degree compared to other sectors such as business. For a subscription fee institutes can provide their teaching staff the ability to share copied versions of licensed material with students to the degree stated in the license

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What is the ICLA?

The Irish Copyright Licensing Agency (ICLA) is a licensing body under part 149 of the Copyright Act 2000, where a licensing agency is defined as a body whose main objective is the granting of licenses that allow the undertaking of action that otherwise would be prohibited under copyright law. 

The ICLA's role is to provide, for a fee, licenses to schools, business, institutions etc. to use copyrighted work in a greater way than could be done otherwise. 

Lecturers own copies

Because of the circumstances of COVID 19 the ICLA has advised that: They will relax the requirement for the HEIs to own an original - this will enable lecturers to make use of any extract of an original owned personally by them which is not currently in the ownership of the licensed institution.  

Remember to remove any items made available for this purpose once no longer needed. 

Other restrictions and Accessible copies

It must be noted that this only applies to material that the institute owns either through owning a copy of the item or a subscription to a database that holds the item. 

Under no circumstances other than the exceptions mentioned under what to copy, can an entire work be copied. 

None of the licensed work should end up in the hands of third parties, either by direct contact or placing it in an online repository. 

There should only be enough copies for each student in the course of study and two for each lecturer.

The ICLA also has an excluded works list that states which works do not fall under the license.   

The copied work must also have a sufficient citation of the work the extract is copied from. 

Accessible Copies

The ICLA license allows for the full copying of a work into a different form for any student who has disabilities that would affect them in studying the work e.g. visual impairment. 

The license allows for instutions to wholesale copying of one work into an accessible form. 

This can include alterations to make it easy for this person. 

However this comes with the caveat that this copy is only for the use of that impaired person and that there is no outside copies that have accessible options on them. 

What changed in the 2019 act

The 2019 act has updated the provisions of the educational exceptions to include: 

That both copying and communicating the copy falls under the exceptions for education produced by the act.

The replacement of reproduction rather than reprographing of documents including digital forms of copying. 

Provisions for distance learning that allows the institution to communicate works of importance to distance students. Those students are allowed to make copies of those works. 

That as long as a sufficient acknowledgement is given copies can be made of works available through the internet.  

What can you copy

It is now possible to copy up to 10% of a website page content under the license however this is dependent on the website's policy in relation to this around copying content.   

10% or one chapter from a book. Full works, for example, the full text of a book can not be taken and photocopied, this applies only to one work on one course of study. 

In the case of short stories and poems, the whole work can be copied as long as it is below 10 pages. 

However, it must be noted that this only applies to material that the institute owns, either through owning a copy of the item or a subscription to a database that holds the item or that the lecturer themselves own. 

In the case of a journal article or periodical online or offline you may copy the full text of one article but only one article from that particular issue of the journal or periodical. 

You can copy illustrations that are in an article or work you have copied using the license before without providing the text.  Though it should be only 10% of the images in the work. 

Useful links

Copyright process for uploading to Moodle

Copyright checklist for uploading works to Moodle

  1. Can the work just be linked to instead of being uploaded for example a link to the ebook or article in question? In general online sources, especially if they are in the library collection, should be linked to rather than uploaded to avoid any copyright problems. 
  2. What type of document is it? Under the ICLA license, there are works that are not allowed to be copied these include music sheets and government reports. Please go to the ICLA excluded works document to find out which items are excluded.
  3. Is it a library book or your own book? The license only covers books that are owned by the college such as those in the library. If it is your own, normal copyright rules apply.
  4. How much of the work are you uploading? It is up to 10% or a chapter whatever is shorter when the license is applied to copies the institute owns. 
  5. Keep a record as the Irish Copyright Agency will expect an assessment as to the quantity of material used and this will impact on royalties paid to copyright owners and on the license agreement and fee the Institute pays . 
  6. Remember to remove any items made available for this purpose once no longer needed.
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