BLE Detailed Copyright Guide: Why is Copyright Relevant to the BLE?
The Bloomsbury Learning Environment (BLE) provides a powerful tool for improving the learning and teaching experience at SOAS, by allowing tutors to place readings, lecture notes and other course-related material on a course area on Blackboard which students can access remotely. However, we have to use the BLE responsibly and in accordance with UK law. This guidance is aimed at academic staff using the BLE for teaching purposes, and explains how to place material on the BLE without violating copyright.
There are a number of reasons why you need to be aware of copyright when using the BLE:
- Any material placed on the BLE will be protected by copyright, unless it is so old that copyright has expired (see The material is out of copyright).
- Any form of copying potentially infringes copyright. Copying something in order to put it on the BLE will infringe copyright unless it is done in one of the circumstances where copying is permitted (see When can I put material on the BLE without infringing copyright?). Distributing a work via the BLE is also likely to be seen as "communication to the public" (even if only to a very limited audience), and hence an infrigement of the copyright owner's rights unless it is carried out in one of the permitted circumstances.
- There is no general exception in copyright law for copying for virtual learning environments. Placing a work on the BLE as part of delivering a course to fee-paying students is not covered by "fair dealing" for research or private study (although in some cases, it may be covered by fair dealing for criticism, review or reporting current events). The exception in the Copyright, Designs and Patents Act 1988 which allows a very small amount of a work (1% of the work per quarter) to be copied reprographically for educational use, if no licencing scheme is available, is not believed to allow communication of the work to students via a virtual learning environment like the BLE.
- Publishers regard the HE sector as a lucrative market, and may pursue actions for infringement vigorously. Illegal copying on the BLE is higher profile and more likely to be spotted than some other types of infringement, e.g. in the course of delivering a lecture or giving out handouts in the classroom. The licence which SOAS has with the Copyright Licencing Agency allows the CLA to inspect material on the BLE to spot possible violations of their licence.
Staff who use the BLE are responsible for ensuring that material is placed on the BLE in a way which complies with copyright law, as required by the School's IT Policies. By using the BLE, you agree to follow this guidance. Failure to do so could result in legal action by a third party whose copyright has been violated, and action by the School against the staff member concerned.
Last updated September 2008
