The 2012 Access Copyright License

PDAD&C#59, 2011-12

To:   PDAD&C

From:

 Larry Alford, Chief Librarian
 Edith Hillan, Vice-Provost, Faculty & Academic Life

 Date:
 May 11, 2012

 Re:
 
The 2012 Access Copyright License
 


The University of Toronto recently entered into a new License with Access Copyright replacing the prior License that expired on December 31, 2010. The new License is effective May 1, 2012. This memo, and communications that will follow, will focus on operationalizing the License, not on the pros and cons of the License itself. The memo will briefly highlight a few key elements that have continued under the new License as well as some of the key changes. In the near future a more detailed analysis of the License, together with an operationally-focused "Q and A", will be made available.

The Access Copyright License with the University of Toronto covers the reproduction of works under copyright in its repertoire including works covered under its reciprocal agreements with copyright collectives in other countries including the United States.

It is important to note that:

a) fair dealing and all applicable exceptions under the Copyright Act R.S.C. 1985, c. C-42 (and under new legislation expected to be enacted shortly) remain available for use; and

b) works covered by other licenses (such as e-journals and e-books available through the University Library System) are unaffected by this License. In fact, if the University has negotiated a license directly with a publisher, that license takes precedence over Access Copyright terms. The Library has built on its website links to the terms of those licenses so you can verify the rights you may have to use material covered by each license. Those rights do vary among the licenses, so it is important that you check their terms carefully. For information on digital rights available in the library catalogue, visit: http://discover.library.utoronto.ca/news/digital_rights/

As was the case with the previous License, provided certain conditions are met the new License indemnifies the University and its members for breaches of copyright.

A copy of the Initial Summary of Key Copying Provisions in 2012 Access Copyright License is attached to this memo as Appendix 1.

There are two significant changes that we wish to highlight at this time:

1. The new License makes it much easier and more efficient for faculty to provide students with access to information needed for a course by permitting scanning and uploading of print material (1) to a secure course management system such as Blackboard (the system most commonly used by University of Toronto faculty). This potentially makes it unnecessary to use course packs for much material in copyright, thus reducing costs for those students using course packs. In terms of copying material, we encourage faculty to use Blackboard or another secure system to the extent possible so as to provide students with readings and access to other material in copyright without the need to use course packs. Using Blackboard instead of course packs will reduce student costs in course pack intensive programs significantly. Under the License, faculty may scan and load material under copyright to the extent permitted by the Copyright Act, the library licenses, or the AC license. Please check the title in question in the library catalogue for guidance on permitted uses under library licenses. With respect to providing access to electronic journal articles, the easiest way to do this is via linking to the article wherever permitted. Library support is available for this. For further information, visit: http://onesearch.library.utoronto.ca/faculty-blackboard

2. The reproduction of works within the Access Copyright repertoire is governed by the terms of the Access Copyright License. These terms specify the amount of a work that can be copied. Repertoire works covered by the Access Copyright license can be used in (print) course packs and through (electronic) course management systems (such as Blackboard) in the amounts specified without payment of additional royalties. As in the past, Access Copyright will license various local copy shops and will authorize them to print course packs and other repertoire material. In the Fall the University will advise faculty, staff and students of the area copy shops that have received Access Copyright authorization. The University of Toronto Press will also continue to sell authorized course packs through the Bookstores. We encourage you to support the UofT Press and to use the Bookstore services to the extent possible. UTSC will also continue to sell course packs through its Printing Services Department. All authorized copy shops will follow the terms of the license when reproducing materials for course packs. The key change is that the price of printed course packs will consist only of the printing costs. No additional royalty will be charged on any University of Toronto course pack sold on or after May 1, 2012. The University will be monitoring the sales to ensure that royalties are not charged.

Please contact library.licensequeries@utoronto.can in the library or p.gravestock@utoronto.ca in CTSI if you have operational questions. As indicated above, a more detailed analysis, including a "Q and A" document, will follow in the near future.

(1) Material that is not on the AC " exclusions list " can be scanned and uploaded. See http://www.accesscopyright.ca/media/1771/access_copyright_exclusions_list.pdf

Appendix 1: Initial Summary of Key Copying Provisions in 2012 Access Copyright License

Copying of Repertoire Works (more details will follow):

Staff members (academic and non-academic) and students can

(i) Make a Copy of up to 10% of Repertoire Work
(ii) Make a Copy of up to 20% of a Repertoire Work as part of a Course Collection
(iii) Make a Copy of a Repertoire Work that is:

a) An entire newspaper or periodical article
b) An entire page of a newspaper or periodical
c) A single short story, play, poem, essay or article,
d) An entire entry from an encyclopaedia, annotated bibliography, dictionary or similar reference work,
e) An entire reproduction of an artistic work (including any drawing, painting, print, photograph or other reproduction of a work of sculpture, architectural work or work of artistic craftsmanship), or
f) One chapter, provided it is no more than 20% of a book.

Some additional conditions apply, including the following. Copies can't be made available to people who are not staff members or students, with some specified exceptions. The copying of the same Repertoire work in (i) and (ii), cumulatively, cannot be exceeded for one course of study in any one academic year. Library patrons can make copies to the levels specified above except for Course Collection copies - only staff and students are licensed to make such copies. Copies that are made should include, where reasonable, a credit to the author and to the source, and a notice stating "Copied under Permission from Access Copyright. Further reproduction, distribution or transmission is prohibited, except as otherwise permitted by law."

Digital Copies:

Digital copies of Repertoire works can be transmitted, posted to, uploaded or stored on a Secure Network only. Secure Networks, such as Blackboard, are accessible only to students and staff on a Course of Study basis. The uploaded material can't be made available to the public at large - only to those registered in the particular Course of Study or acting in their faculty and staff roles with respect to such Courses of Study.

Linking or Hyperlinking:

Linking or hyperlinking by staff or students to Repertoire Works, including such Works posted or stored on networks other than Secure Networks, is not prohibited by the License.