University of Guelph Library
Notice to UG faculty and staff regarding the expiration of Access Copyright license
On December 22, 2010, University of Guelph faculty and staff were notified of the expiration of the university's agreement with Access Copyright, the collective that licences photocopying and print coursepacks for most post-secondary institutions in Canada. The Access Copyright licence expired on December 31, and will not be renewed. In the absence of such a license, some common University copying practices may no longer be authorized, and may in fact constitute an infringement of copyright.
We recognize that these changes will require adjustments in the way you make copies for your teaching or administrative responsibilities. We are committed to providing support and advice to assist faculty and staff to facilitate their compliance with these new requirements.
Copies made for the purpose of research, private study, criticism or review can continue to be made using the "fair dealing" exception in the Copyright Act, as can copies made with the permission of the copyright owner. However, copying done for the purpose of teaching or instruction is not generally considered fair dealing. Consequently, faculty and staff making copies in paper or electronic formats without yet obtaining the permission of the copyright owner should seek assistance in order to ensure that their copying is not infringing.
Members of the University community who have questions, who require assistance in determining what can and cannot be copied, or who need to seek copyright permission, should email or contact Heather Martin (ext. 54701) in the Library's E-Learning and Reserves area. Additional copyright information, including the University's Fair Dealing Policy, is also available on the Library's web site.
Effective January 1 2011, there are several copying practices which may not be possible in the absence of a collective license, and which do not qualify for the fair dealing exception. These copying practices are listed below, along with a number of alternative options for making the same, or similar content available without infringing copyright.
- Printing Course Packs and Course Readers.
- Course packs and course readers already produced in preparation for Winter 2011 courses were copied under existing licensing arrangements and can be used as planned.
- After January 1, 2011 print course packs and course readers can continue to be produced with permission from the copyright owner. However, producing coursepacks may require significantly more lead time than in the past. Contact the University Bookstore or the Centre for Open Learning and Educational Support for more information about the options available.
- In cases where permission cannot be obtained, possible alternatives to course packs include placing the readings on electronic reserve, so that the necessary copyright permissions can be obtained when feasible, or placing copies of original books at the Library Reserve Desk.
- Distributing photocopies of required readings in class.
- Possible alternatives include using electronic reserve to provide students with access to the required content, or directing students to library-licensed e-journal or e-book content via Courselink (D2L).
- Scanning and posting copies of book chapters or articles in Courselink (D2L).
- Instead, link directly to library licensed content such as e-journals or e-books, to open access content, or to content freely available on the web;
- Consider placing the readings on electronic reserve where you can link to them directly via Courselink.
- Placing photocopies of required readings at the Reserve Desk in the library.
- Possible alternatives include using electronic reserve so that the necessary copyright permissions can be obtained when feasible, or placing the original book on Reserve.
- E-mailing copies of articles to students or colleagues.
- Instead, send a link to the article if it is online.
- Any copying that falls outside of what is considered fair dealing.
- E-mail fairdealing@uoguelph.ca for assistance with determining whether your copying might be considered fair dealing. If it is not, permission from the copyright holder can be sought on your behalf.
Note that members of the University community who engage in copying practices such as those listed above, could be in violation of the Copyright Act. Engaging in infringing activities may result in claims which may have serious financial implications for the University and potentially, for individuals.
Assistance is available:
During the Winter semester we will work with faculty and staff to ensure they have the appropriate information and advice to remain compliant with the new copyright requirements. You are encouraged to seek assistance from the individuals listed below.
Questions regarding copying, the new copyright requirements, or fair dealing:
Heather Martin ( ; x54701)
Print and Electronic Reserves, Library:
Heather Martin, Manager, E-Learning and Reserve Services, ( ; x54701)
E-Learning and Reserve Services ( ; x.53621)
University Bookstore (Custom Courseware):
Ken Morrison, Bookstore Manager (Textbooks), ( , x.58468)
Nicole Asselin, Custom Courseware Coordinator ( , x.53584)
Centre for Open Learning and Educational Support:
Linda Tartt, DE Copyright Coordinator ( , x52943)
Linda Carey, DE Production Manager ( , x52803)