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Publishing and Copyright Guidance Notes

Reproduction of 5-14 Curriculum Documents

Number: 3
Date: 16 January 2002
Issued by the Queen's Printer for Scotland

This guidance note explains the policy relating to the reproduction of the Scottish Curriculum documents covering the first year of primary school to the second year of secondary school (ages 5-14).

Background

1. In Scotland, there is no statutory national curriculum. Responsibility for the management and delivery of the school curriculum belongs to education authorities and headteachers, or in the case of independent schools, the boards of governors and headteachers. However, national guidelines are produced by the Scottish Executive Education Department (SEED) and Learning and Teaching Scotland (LT Scotland) and assessment materials by the Scottish Qualifications Authority (SQA). This seeks to ensure that the school curriculum in Scotland secures breadth, balance, continuity and progression for all pupils. SEED reports to the Minister for Education, Europe and External Affairs. Learning and Teaching Scotland is an executive Non-Departmental Public Body whose Board and Advisory Council members are appointed by Scottish Ministers. The SQA is a body corporate established under the Education (Scotland) Act 1996 (Chapter 43). Its members are appointed by Scottish Ministers and the SQA itself.

2. Crown copyright subsists in all copyright works produced by officers or servants of the Crown in the course of their duties, in accordance with section 163 of the Copyright, Designs and Patents Act, 1988.

3. In setting out the means by which Crown copyright would be supervised and regulated The Future Management of Crown Copyright refers to the office of Queen's Printer for Scotland (QPS) which was established by section 92 of the Scotland Act 1998. The QPS acts on behalf of Her Majesty and exercises Her rights and privileges in connection with any existing or future works made in the exercise of a function which is exercisable by any office holder in, or member of staff of, the Scottish Executive . The QPS was specified a non-ministerial office-holder in the Scottish Executive with effect from 1 July 1994. The QPS also controls and administers Crown database rights on behalf of Her Majesty.

4. The 5-14 curriculum covers the first year of primary school to the second year of secondary school. SEED and LT Scotland produce national guidelines for each subject area within the 5-14 curriculum. The SQA produces national test materials in reading, writing and mathematics to support the 5-14 programme. The copyright in most of this material rests either with the Crown or with the SQA, which holds copyright in its own right. This Guidance Note describes the policy regarding the reproduction of the various 5-14 Curriculum Documents.

Terms used in this Guidance

5. In this Guidance Note the following terms have the meanings indicated below:

5-14 Guidelines
The 5-14 Guidelines are used by schools to describe the curriculum and assessment of pupils from primary 1 to secondary 2. They define 6 levels of attainment, A to F.
5-14 National Test Information for Teachers
Annually issued documents giving information for the administration and marking of test units.
5-14 National Test Units
The means by which teachers confirm their assessment of pupils' progress following completion of work at a level. Teachers select Units from an annually produced catalogue which sets out details of available tests in Reading, Writing and Mathematics at six levels of attainment (A to F).
5-14 National Test Exemplars
Example tests for information purposes only. They are not offered as operational tests.

Arrangements for the reproduction of Crown protected Material

6. The 5-14 Guidelines are subject to Crown copyright protection by virtue of their copyright having been assigned to the Crown.

7. In addition to those items covered under the previous paragraph, the SQA has assigned the copyright for the 5-14 National Test Information for Teachers and 5-14 National Test Exemplars to the Crown. Copyright in the 5-14 National Test Units will remain with the SQA.

Permitted Uses

8. Provided that the conditions set out in paragraphs 9 and 10 are complied with, 5-14 Guidelines, 5-14 National Test Information and 5-14 National Test Exemplars may be reproduced freely. This material will be of particular interest to schools and other educational establishments, but the same general freedom to reproduce the material applies equally to other users of this material. By way of illustration, users throughout the world may undertake any of the following activities in relation to this material:

  1. reproducing and publishing the material in any medium;
  2. making multiple copies for distribution;
  3. making multiple photocopies for free issue to others (e.g. schools may wish to provide photocopies to students and parents);
  4. reproducing the material for the purposes of news reporting in any medium;
  5. making single or multiple copies by photocopying or any other means, for the purpose of research and private study;
  6. publishing the material on the Internet;
  7. reproducing the material on Intranet sites;
  8. making of single or multiple copies by libraries (by photocopying or any other means) for supply to readers, subject to the overriding need for prescribed libraries to recoup their costs as set out in S.I. 1989 No. 1212 ;
  9. copying by libraries for the purposes of supplementing or replenishing their stocks;
  10. making copies for circulation throughout an organisation whether in the private or public sector;
  11. reproduction within the context of seminar and training packs;
  12. reproduction within student theses and dissertations;
  13. translating into other languages.

The above list is by no means exhaustive, but it seeks to illustrate the majority of potential uses of the Crown protected material.

Conditions on Use of Crown protected Material

9. Reproduction of the 5-14 Guidelines and the 5-14 National Test Information is conditional on the following terms being complied with:

  1. all reproduction of 5-14 material should be made from the official published versions. This means the versions published by or on behalf of SEED. The right to reproduce this Crown protected material does not extend to the material if it is contained in works published by or on behalf of the SQA which support the implementation of the 5-14 curriculum (other than in the context of the 5-14 curriculum documents). Users do not have an automatic right to reproduce the material from other sources, such as commercial products published by educational publishers, for example;
  2. the material must be reproduced accurately. In the case of translations into other languages, a competent translator must be used especially in those cases where the translation is to be issued to the public;
  3. care should be taken that the material reproduced is from the current or up to date published version, and that out of date material is not presented as though it were current. Where out of date material is being reproduced for the purposes of drawing comparisons with current material or similar analysis, it should be made clear that the material in question has been superseded, with appropriate cross references. Where the material is being featured on Internet or Intranet sites, all reasonable efforts should be taken to regularly review the material featured and to delete any material which is no longer current;
  4. the material should not be used in misleading manner; nor should it be used for the purposes of advertising or promoting a particular product or service or for promoting particular interests or views;
  5. the reproduced versions of the material should not be presented in a way which could imply it has the same authoritative status as the officially published versions of the works which are endorsed and published by or on behalf of SEED;
  6. the Royal Arms and any departmental logos or similar images which may be featured on the officially published versions of the works published by or on behalf of SEED, should be removed from any copies of the material which are issued or made available to the public. This applies equally to those cases where the material is being reproduced on the Internet and on Intranet sites;
  7. the material is acknowledged appropriately as indicated in paragraph 11 below. For translations into other languages, the copyright acknowledgment should be given in both English and in the language in which the material is being translated.

10. Where the material is being published, circulated or issued to others - including Internet and Intranet use - the source of the material must be stated and the following acknowledgment should be used:

11. You may find the summary of permitted uses and the corresponding obligations for the Crown protected copyright as set out in Annex A to this Guidance Note useful.

Arrangements for Non-Crown material

12. The copyright in the 5-14 National Test Units rests with the SQA and must not be reproduced without the SQA's permission, given that unauthorised reproduction of the 5-14 National Test Units could undermine their effectiveness as a means of measuring pupil attainment, SQA will consider each application on its merits. All applications should be sent to the SQA at the address given at paragraph 16.

13. The terms for the reproduction of SQA copyright material are available on request from the SQA at the address given at paragraph 16.

Other Information

14. This guidance note does not cover the reproduction of any copyright material not owned by the Crown or SQA. In the case of copyright owned by a third party, users would need to obtain permission from the appropriate copyright holder before reproducing the material.

15. If you have any queries in relation to this Guidance Note, particularly with regard to the Crown protected material, please contact the office of the Queen's Printer for Scotland at the following address:

St Clements House
2-16 Colegate
Norwich
NR3 1BQ

Tel: 01603 621000
Fax: 01603 723000
email: licensing@oqps.gov.uk

16. Applications to reproduce SQA copyright protected material or queries in relation to licensing terms for SQA copyright should be sent to the following address:

The Scottish Qualifications Authority
Hanover House
24 Douglas Street
Glasgow
G2 7NQ

Tel: 0141 248 7900
Fax: 0141 242 2244
email: helpdesk@sqa.org.uk

CAROL TULLO
Queen's Printer for Scotland

Annex

Reproduction of Crown Protected 5-14 Curriculum Guidelines, 5-14 National Test Information for Teachers and 5-14 National Test Exemplars

Obligations of Users (see paragraphs 6 & 7)

Key

Range of Permitted Uses A B C D E F
Reproducing / Publishing in any medium x x x x x x
Multiple copies for distribution and sale x x x x x x
Multiple photocopies for free issue x x x x - x
News reporting x x x x - x
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