The Association of Universities and Colleges of Canada (AUCC) recently negotiated a model licence with Access Copyright, the organization representing writers and publishers. As a result, AUCC has abandoned its opposition to the tariff Access Copyright had proposed to the Copyright Board.
On May 3, 2012, the University of Manitoba notified Access Copyright of its intent to sign the model licence, facilitating copying from Access Copyright’s repertoire for the period January 1, 2011 to December 31, 2015. The new licence will allow University community members to copy and distribute copyright-protected works from Access Copyright’s repertoire in both paper and digital format, providing academic staff with expanded access to teaching materials. The agreement also provides the University with price stability and protection against infringement claims during the licence term. The $26 FTE fee charged by Access Copyright will be paid by the University of Manitoba and not passed on to students.
Notable in the agreement is a statement that academic freedom and privacy will be respected. By contrast, had the Copyright Board tariff proceedings continued, it could not be guaranteed that the University would not be ordered to answer time-consuming, costly and invasive questions.
The University will continue to take advantage of the many liberal licences which allow copying open access material, Creative Commons works, and articles from the Libraries’ vast collection of electronic resources. As well, the University encourages the application of the Copyright Act’s fair dealing provision when appropriate.
For a work in Access Copyright’s repertoire, staff and students can photocopy, make handouts, scan, print, fax and store. In addition, a scanned repertoire work can be uploaded to a learning management system such as Desire2Learn, JUMP and OPAL. Copies of a repertoire work can be distributed to UM staff and students, and to non-UM staff and students from an educational institution with an Access Copyright agreement. Using a repertoire work requires a citation as well as the following permission notice: Copied under permission from Access Copyright. Further reproduction, distribution or transmission is prohibited, except as otherwise permitted by law.
Staff and students can copy up to 10% of a work in Access Copyright’s repertoire or
-an entire article, short story, play, essay or poem, or the reproduction of an artistic work from a volume containing other published works;
-an entire article or page from a newspaper or periodical;
-an entire entry from an encyclopedia or similar reference work or an entire reproduction of an artistic work from a publication;
-one chapter of a book, provided the chapter is no more than 20% of that book.
To determine if a work is part of Access Copyright’s repertoire,
-contact the Copyright Office at firstname.lastname@example.org to look it up for you, or
-use Access Copyright's Look Up Tool and check its Exclusions List.