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Access Copyright Licence Overview
The intent of the
Access Copyright licence is to
recognize the value of copyright-protected works AND to give educators
access
--- without seeking permission every time --- to certain types and
amounts of
materials.
Holland College pays a flat fee, based on our full-time equivalent
(FTE) student population, which gives us leave to make a limited number
of
copies from certain types of publication in certain circumstances.
Many types of paper-based materials are
included: books, magazines, newspapers, and so on. Among the
excluded
types of materials are
"consumables" such as workbooks, government publications, original
art, unpublished works, and titles which are now in the public domain.
Several
publishers have also opted out of the license (see Exclusions List on Staff Web under Useful Documents) and one must contact them directly for
permission.
The licence distinguishes between:
- ad hoc, incidental, not-for-profit copying
for staff, students, administration, and inter-library loan to
non-profits (see
Schedule
C),
- copies made for resale (see
Schedule
D), for example, as part of a
coursepack or for distance education,
- copies made for other than non-profit institutions
(for
instance, through inter-library loans; see Schedule
E), and
- copies made in alternate formats for staff and
students who may require such formats (see Schedule F),
and
Access
Copyright sets different restrictions for each type
of copying.
If the copies are not for
sale, Holland College employees may
copy up to 10% of a work or an entire part (for instance, an article or
a
chapter which does not exceed 20% of the entire work). You may make one
copy
for each student and two copies for instructor use. Reserve copies (on
hold in
the library on a temporary basis) are also covered under this
provision. All
copies must be made onto paper, with some exceptions allowed (either in
the Copyright
Act or in the Access Copyright licence) for transparencies or alternate
formats. The licence also states that the institution shall
not engage in
"systematic, cumulative copying of the same published work for a single
course or program in one academic year." (Schedule
C). Copies made from paper into electronic formats
are tightly controlled and the electronic versions must be destroyed
after a limited period of time.
If the copies are for (re)sale, you may copy
up to
15% of the work, and royalties of from $.064 to $.087 cents per page
must be collected and
remitted to Access Copyright.
There are also special restrictions on copying for
coursepacks (i.e., anthologies composed of
selections from various works)
from textbooks. Only up to 50% of the material in a coursepack may be
taken
from textbooks, and you may only copy up to 5% of a book or a single
chapter,
whichever is less. In addition, within any 5 year period, you may only
up to
two extracts from a textbook by the same author and published by the
same
publisher.
If you wish to make copies beyond any of these
limits (or from excluded works) you must seek the permission of the
copyright
holder, and royalty fees may also be due. Access
Copyright can assist in this
regard, and our
web pages on permissions
may also help you to locate the appropriate publisher.
Copying that falls under the guidelines on
"fair
dealing"in the
Copyright Act
is not controlled by the licence, nor is
copying or "public
performance" from a variety of other formats (digital, sound, video,
etc.), but remember, all original literary works
are protected by
Canadian and international copyright legislation.
If you would like to review the full text of the licence,
please click here.
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