£100k for NHS copyright whistleblowers

NHS employees are being offered financial incentives of up to £100,000 to turn whistleblower and report their colleagues for breaches of copyright, it emerged yesterday.

The Copyright Licensing Agency is urging NHS employees in Scotland to call in if they know of any details of published material being reproduced within the health service.

The move follows the cancellation of NHS Scotland's 1 million contract with the CLA in April in favour of its own internal system, the Knowledge Network. The CLA has called this a "very dangerous step", which could make NHS staff personally liable for breaches of copyright.

The CLA launched the whistleblowing campaign last week, offering financial rewards of up to 100,000 for information concerning material being distributed within NHS Scotland that breaches copyright. It estimates that millions of pounds in licence fees are being lost annually to authors and publishers as a result of unlicensed copying from magazines, journals and books.

The campaign, which includes a series of adverts, is evidence of a newly aggressive approach by the CLA, which issues licences for any routine copying in the workplace. Unlicensed copying of such material can be an infringement of copyright.

Jim MacNeilage, licensing manager at CLA Scotland, said: "NHS Scotland had a contract with us for ten years. At the last moment they told us they would not be renewing the contract and would be using their own electronic library.

"There was no discussion or negotiation. We are very concerned that NHS staff copying books, journals and magazines will be infringing copyright and the responsibility will be on individuals. Previously we had no concerns about copyright infringement by NHS Scotland, now it is a major concern for us."

The CLA, which says it offers such large rewards because it is difficult for employers to blow the whistle on their bosses, declined to reveal how many NHS staff had so far reported information about illegal copying but said it was currently following up leads on "a number of enquiries" made by individuals.

It warns NHS staff that they must obtain permission directly from the copyright owner and check the relevant licence terms for the publication before doing something as simple as "printing an article for a doctors' journal club to scanning material for educational purposes".

MacNeilage said: "NHS Scotland issued guidelines in April but they were incorrect and had to be changed. A lot of NHS staff may not be aware that by copying books, journals or magazines they could be in breach of copyright, and that they could be individually responsible for doing so.

"Cancelling the licence with the CLA appears to be a money saving exercise on behalf of NHS Scotland. We believe the only way they can be fully compliant is to reinstate the licence they had with us. Placing these adverts shows the scale of our own concern over possible copyright breaches within NHS Scotland."The CLA has a number of licences with public bodies including schools in Scotland as well as local authorities. It also has licences with various business organisations, including charities, trade bodies and legal firms. The organisation described its 1 million arrangement with NHS Scotland as "a significant licence".

A Scottish government spokesperson said: "The decision to terminate the CLA copyright licence was made on the basis of value for money (the former licence having cost more than 1m a year] in that the use and content of "The Knowledge Network" across the NHS - which provides electronic knowledge through licences purchased directly from publishers - has steadily increased year on year, now widely superceding the need for print photocopying."

The spokesperson added: "We have given Boards guidance to support them in operating within the requirements of Copyright Law, and continue to provide ongoing advice and training."