At a glance summary for supplying copies to own users  ILDS and copyright in the NHS guidance

Summary of guidance for NHS libraries supplying copies to own service users.

A.  An article from a journal/extract from a book which your library or another NHS library in Englandholds or subscribes to 

Which licence/ legislation is relevant? 

CLA Licence for the NHS in England. 

Is a written/ ticked declaration required? 

No.

Are there any restrictions on WHAT or HOW MUCH can be copied? 

Almost every journal and book owned by/subscribed to by the NHS is covered by the CLA Licence, but to be sure, use the Check Permissions tool at https://www.cla.co.uk/ (select Public Sector Licence). 

You may copy up to two articles from a single journal issue (or any number from a themed issue) and up to one chapter or 5% of a book (whichever is greater) but there is no restriction on the number of copies that may be made. 

If the journal or book is not covered by the CLA Licence, obtain a declaration, supply a single copy only, and use statement 2

Are there any restrictions on WHO you can send the copy to? 

Most NHS-funded library services may assume that all registered library service users are covered by the CLA Licence, as the ‘authorised persons’ list is very inclusive. 

If your service user is not covered by the CLA Licence, obtain a declaration, supply a single copy only, and use statement 2. 

Are there restrictions on WHAT YOUR SERVICE USER CAN DO with the copy? 

Personal use and storage, and sharing with others covered by the NHS in England is permitted. Use statement 1

B  An article from a journal/extract from a book not covered by the CLA Licence for the NHS in England 2

Which licence/ legislation is relevant? 

Library Privilege permissions in the Copyright Act 

Is a written/ ticked declaration required? 

Yes

Are there any restrictions on WHAT or HOW MUCH can be copied? 

You will only be able to supply a single copy from a journal issue, or up to one chapter or 5% of a book, and no further copies are allowed. 

Are there any restrictions on WHO you can send the copy to? 

You can only send this to the user who has supplied/ticked a declaration. 

Are there restrictions on WHAT YOUR SERVICE USER CAN DO with the copy? 

Private study and non-commercial research only. Strictly no further sharing or copying. Use statement 2

C  A ‘Copyright Fee Paid’ (CFP) copy obtained from BL or other document supply service 

Which licence/ legislation is relevant? 

CLA Licence for the NHS in England. 

Is a written/ ticked declaration required? 

No

Are there any restrictions on WHAT or HOW MUCH can be copied? 

Once a CFP copy has been obtained, from any source, it may be treated as if owned by the NHS. If the publication it is from is covered by the CLA Licence, further copies made under the terms of the CLA Licence for the NHS in England. 

Are there any restrictions on WHO you can send the copy to? 

You may send this to anyone covered by the CLA Licence. 

Are there restrictions on WHAT YOUR SERVICE USER CAN DO with the copy? 

Personal use and storage and sharing with others covered by the NHS in England is permitted. Use statement 1

D  A copy obtained from a ‘collaboration partner’3 on behalf of staff involved in ‘collaboration projects’4 

Which licence/ legislation is relevant? 

CLA Licence for the NHS in England. 

Is a written/ ticked declaration required? 

No

Are there any restrictions on WHAT or HOW MUCH can be copied? 

No, provided the title is covered by the CLA Licence. To check what types of further copying are allowed, use the CLA Check Permissions tool at https://www.cla.co.uk/ 

Are there any restrictions on WHO you can send the copy to? 

Those involved in the collaboration project(s). 

Are there restrictions on WHAT YOUR SERVICE USER CAN DO with the copy? 

Personal use and storage and sharing with others covered by the NHS in England is permitted. Use statement 1

E  A copy purchased from a publisher’s website (‘pay per view’ copy) 

Which licence/ legislation is relevant? 

Publisher licence

Is a written/ ticked declaration required? 

No

Are there any restrictions on WHAT or HOW MUCH can be copied? 

No, provided the title is covered by the CLA Licence. To check what types of further copying are allowed, use the CLA Check Permissions tool at https://www.cla.co.uk/ 

Are there any restrictions on WHO you can send the copy to? 

You may send this to anyone covered by the CLA Licence. 

Are there restrictions on WHAT YOUR SERVICE USER CAN DO with the copy? 

Personal use and storage and sharing with others covered by the NHS in England is permitted. Use statement 1

F  An ‘open access’ article or book that you find free on a website 

The website will usually clarify the copyright status of the item and the extent to which copies may be made. You must ensure that it is clear to your service user where the copy has come from: it is good practice to send your end-user the link to the item, rather than a downloaded copy. 

 

1 This includes university libraries with a contract to deliver library services to NHS organisations in England. 

2 For instance where the original is held by the British Library, a Royal College/Professional Association Library, a public library, or NHS library outside England. 

3 A collaboration partner is an organisation which CLA confirms has its own CLA Licence, whose staff are working with NHS staff on collaboration projects  

4 A collaboration project is a specific project which involves partnership working between organisations 

Page last reviewed: 29 September 2021