University of
Alberta - Access Copyright FAQ
[Last updated: 28Sep2015]
1.
What
is Access Copyright?
Access Copyright
is a non-profit, national
organization that represents Canadian creators and publishers of copyright
material and grants licences for the reproduction of
copyright-protected published works.
2.
What
is the University of AlbertaÕs relationship with Access Copyright?
The U of A has
had a long and valued working relationship with Access Copyright. Most recently, the university entered
into a five-year Agreement with Access Copyright that became effective on
January 1, 2011 and will end on December 31, 2015.
3.
What
does the University of AlbertaÕs agreement with Access Copyright cover?
The substance of
this Agreement is that, in exchange for a royalty, Access Copyright grants the
university a license to permit the copying of a specified range of certain
copyright-protected works by U of A students, faculty and staff. The annual license fee is based on the
number of FTE students at the U of A. The agreement also includes significant
reporting requirements.
4.
When
does the agreement expire?
The agreement will expire on December 31, 2015, and the U of A has communicated to Access Copyright that it does not wish to review or extend the agreement. To read a copy of that communication, click here.
5.
What
bearing does the universityÕs decision regarding Access Copyright have on the
work being undertaken by the Copyright Review Committee?
None.
6.
What
was the rationale for not extending the agreement with Access Copyright?
There
have been a number of changes relating to the use of copyrighted materials at
the university over the last five years that have made the terms of the agreement
no longer favourable to the University. In 2012, there were amendments to
CanadaÕs Copyright
Act, as well as new decisions from the
Supreme Court of Canada, which have combined to clarify and strengthen the
principles of fair dealing. This included adding a new ÒeducationÓ category to
the list of purposes for which fair dealing may be claimed. Additionally, the University of Alberta
Library has increased its licensing of electronic resources that can be used,
under the terms of those licenses, by students, faculty and staff. Finally, more and more material is
available from Open Source venues or is publicly available on the web. As a result, a significant percentage of
the reproduction of copyright material that was covered by the Access Copyright
license can now be reproduced by members of the University community for
comparable purposes without the need for such a license.
7.
What
are other universities doing regarding Access Copyright?
Different
universities are taking different approaches to dealing with copyright, but a
significant number of U15 schools in Canada have opted not to extend their
agreements with Access Copyright.
8.
What
about the new options offered by Access Copyright?
While there are
new options available from Access Copyright that have a significantly lower fee
per FTE student than the current agreement, at present the U of A does not
consider these options to be the most cost effective approach for the university
to take to remain compliant with copyright laws.
9.
What
will it mean for the U of A to operate without an agreement with Access
Copyright?
The current
Access Copyright license covers a range of copying of copyright materials at
the university by faculty, staff and students. A significant amount of campus copying
should fall under the University of Alberta Fair Dealing Guidelines, but if any
proposed copying goes beyond those guidelines, the Copyright Office can assist
in determining whether a separate license needs to be sought and how to go
about seeking such a license.
10.
Where
can I find the University of Alberta Fair Dealing Guidelines?
These should be
posted next to all photocopiers and scanners on campus, but they can also be
found on the Copyright Office website at copyright.ualberta.ca.
11.
How
will the end of the U of AÕs agreement with Access Copyright impact course
instructors, researchers, staff and students at the University?
It is expected
that this change will not have a significant impact on the campus community as
a whole. The Copyright Office will
continue its efforts to raise awareness of copyright issues and best practices
to keep campus copying of copyright material within lawful limits. The U of AÕs procedures around instructional
materials will remain unchanged for Winter 2016. For ongoing copying that has been covered
by the Access Copyright license and that is not covered by fair dealing or
another University license, the Copyright Office will assist in seeking specific
licenses as necessary.
12.
How
will the end of the U of AÕs agreement with Access Copyright impact content creators
who have been receiving payments from Access Copyright?
Content creators
who had been receiving compensation directly from Access Copyright for the use
of their works will not be impacted by this change. Authors are compensated by Access
Copyright through its separate agreements with publishers or affiliates.
13.
What
are the current U of A policies and procedures regarding copyright?
The Use of Copyright Materials
Policy was approved in 2010 and can be
found on UAPPOL. Three new procedures,
covering teaching, research, and administration respectively, will formalize
current best practices in those areas. These procedures should be taken through
the internal vetting and approval processes no later than the Spring of 2016.
14.
Who
can I contact for additional information about copyright matters at the U of A?
The Copyright
Office help desk can be reached via email at copyright@ualberta.ca.