General FAQs for Post Secondary Licensees
A book that I would like to assign to my class this semester is out of print. How can I obtain permission to include it on my course list?
You or your campus copyright coordinator may contact Access Copyright by emailing us to obtain written confirmation that the book is out-of-print. If the book is confirmed as out-of-print (out-of-print textbooks must be out-of-print in all editions), you can obtain a clearance code (which permits you to print the out-of-print book in its entirety at a maximum rate of $10 per copy) from Access Copyright.
What is the public domain?
The public domain includes all works that are not protected by copyright. Generally, works enter the public domain when copyright expires. The term of copyright in Canada is usually life of the author plus 50 years for textual works. Works can also enter the public domain when the creator surrenders all rights in the work to the public domain. When something is in the public domain it can be photocopied or used in any way without asking for permission.
Do I need to obtain permission to photocopy from a work by a deceased author?
That depends on when the author died. The general rule in Canada is that copyright lasts for life of the author plus 50 years. There may be more than one author for a work, and if the last living author has not been dead for 50 years, permission to photocopy may be required.
What if there is a problem concerning copyright infringement?
In the event that the institution becomes involved in a claim of copyright infringement and was compliant with the licence terms and conditions, an indemnity is provided by Access Copyright. See your licence for specific terms and conditions regarding the indemnity provision.
Does my institution's licence with Access Copyright allow me to adapt a cartoon?
The licence does not permit changes to copyright protected works (except for changes to formatting in limited circumstances).
Are government publications protected by copyright?
Yes, and the government requires you to request permission to photocopy Crown publications. These publications are not covered by your Access Copyright licence (with the exception of those documents produced by the government of the Province of Quebec). To obtain permission to photocopy from publications from the federal or any provincial government, please contact the branch of the government that publishes the item you would like to photocopy.
Why can I print material and hand it out to my students, but when I offer it through the bookstore in a coursepack, royalty fees are charged?
Your Access Copyright licence has two components. One component, the day-to-day copying component, allows you to make multiple photocopies of single publications to hand out to students to support your instruction. The photocopies must be within the limits of the licence. Your institution pays a specific royalty for this and other day-to-day copying based on the number of Full-Time Equivalent (FTE) students at your institution. If these articles are compiled in any way, you are creating a coursepack and the coursepack provisions of your licence apply.
The second component, the coursepack component, allows for the creation and sale or distribution of coursepacks, which are bound, packaged or assembled photocopies made from more than one publication. Coursepacks are considered republished material that may replace purchased resources. Therefore, the material is logged separately and royalties are paid.
If I cannot locate a magazine, book, or journal to print the pages I require for my coursepack, may I obtain these photocopies from an electronic source?
Your Access Copyright licence covers the print-to-print use of material only. If you obtain a copyright protected article from an electronic source that does not give specific permission to copy, you will need to obtain a pay-per-use digital-to-print licence from Access Copyright by emailing us, or by contacting the copyright owner directly to obtain permission to include the material in your coursepack.
Another option would be to have your library check with another institution’s library to see if they have the work you’re looking for. The article could then be sent via interlibrary loan and you would have a print version from which to photocopy.
When my institution submits an eLog, how is the amount of money that goes to each copyright owner determined?
Access Copyright does everything possible to identify the copyright owner(s) of the work(s) you submit in your eLogs. When an eLog is submitted we upload it into our Rights Management System (RMS) that contains information on millions of works. The RMS can match the information on the eLog to specific copyright owner(s) so that they can be paid.
The RMS can perform two types of matches. The first relies on the reference number (the ISBN or ISSN) to identify the work, while the second uses the title of the work if no reference number has been provided in your eLog. The first type is more precise, shortening the amount of time required to make the correct match, so it is therefore important that the ISBN or ISSN is included in your reporting whenever possible.
May I photocopy a whole map to distribute in class?
If the map is a page from a book covered by your institution's licence with Access Copyright, you are free to photocopy within the licence limits. You are not allowed to photocopy the whole of a publication under your licence, so if the map is a separate publication and commercially available, you will need to seek permission directly from the copyright owner or through an Access Copyright pay-per-use licence by sending us an email.
May I photocopy an article to distribute to my class?
Yes, within certain limits. Under the terms of the licence you are permitted to make multiple photocopies for classroom distribution (one per student and two for the instructor). You may photocopy 10% of a publication or an entire article, whichever is greater. Additionally the licence permits you to copy two or more articles from the same publication if they make up less than 10% of the publication. Systematic, cumulative copying is prohibited, which means that you may not photocopy 10% of a publication one day, and then another 10% the next day. The 10% is measured per class per academic term or year.
May I photocopy an out-of-print work for circulation in my institution's library?
Your institution's Access Copyright licence allows you to place a whole photocopied book on reserve in your institution’s library or in its collection only if Access Copyright has first confirmed in writing that the work is out-of-print. To find out if a work is out-of-print, please contact us. Under the terms of the licence, the maximum amount the institution shall pay to Access Copyright for each photocopy of an out-of-print work is $10.00. Photocopies made in this manner must be logged and may be bound, but may not be photocopied further. This must be clearly indicated on the photocopied book by including a statement such as "This photocopy of a copyright protected work is made under licence from Access Copyright. Further copying is prohibited."
I teach/study at an institution that has a licence with Access Copyright. Does this mean that I do not need to pay royalties to photocopy material published by my institution's own press?
Your institution's licence does not include works in which the institution has ownership. However, university and college presses publish works on behalf of many copyright owners and in the vast majority of these cases the institution does not own the copyright in those works. Therefore, these works must be treated as any other work would be under the licence. If the material is covered by your institution's licence with Access Copyright and is included in a coursepack, royalties apply.
How many articles/photocopies of an article may I put on reserve?
The original or a photocopy of an article may be put on reserve for students to photocopy (one photocopy per student). This is covered under the day-to-day photocopying component of your institution's licence.
You may also place on reserve a sufficient number of photocopies of an article necessary for the administration of your course.
May I photocopy a book's cover?
Yes, a book's cover is considered part of the overall work and may be photocopied, as long as the book is not on Access Copyright's Exclusions List.
Is an introduction considered a chapter in a book?
An introduction of a book is considered to be a chapter when it is an introductory chapter (as opposed to being a preamble or prologue which is a few paragraphs in length).
Where can I find Access Copyright's most current Exclusions List?
The Exclusions List is produced and distributed twice a year, in February and September, via Access Copyright's Post Sec Communiqué. This is sent to your institution's notice recipient and can be sent to others on request. If you would like to receive the Post Sec Communiqué, please send an email to us.
Can we post the Exclusions List on our institution's website?
You may post the Exclusions List to your institution's password protected Intranet site, but not on a website accessible to the public.
Can I send a Document Delivery by fax?
Yes, a facsimile transmission, which creates an incidental digital copy, is covered under your licence's definition of "photocopy."
May I send course material containing photocopies from more than one publication at one time to distance education students?
Yes. This would be considered a coursepack under your institution's licence and all materials must be logged and royalties paid.
Are alumni students covered under our licence?
Alumni are not covered. Only those students that are included in the Full-Time Equivalent (FTE) count are covered by your institution’s licence with Access Copyright.
May students make photocopies of articles on reserve in the library?
Under the terms and conditions of your institution's licence with Access Copyright, an instructor is allowed to make one photocopy of an article for each student. An instructor may also place photocopies of individual articles to put on reserve in the library and students have the option of reading it there or making one photocopy for themselves. Both of these scenarios are covered by the day-to-day copying set of the licence.
If an instructor puts a coursepack on reserve in the library, no further copying of the coursepack materials is permitted and the coursepack must be clearly marked to indicate this. Coursepacks are defined in the licence as bound, packaged or assembled photocopies made from more than one publication. Coursepacks may not be broken up and put on reserve as separate articles, thereby allowing students to copy them. The licence does not allow you to do indirectly what you may not do directly.
I am a professor making a presentation to individuals who are not necessarily students from my institution. Am I covered under the licence and can I distribute photocopies of my PowerPoint presentation, if it contains copyright protected material?
Your institution's licence with Access Copyright covers only educational uses of copyright protected material that are in furtherance of your institution's educational mandate. If the presentation is being made for the purpose of teaching, the licence would apply and photocopies could be made. If the presentation is made for purposes outside of your institution's educational mandate (e.g. is a meeting of a professional organization), the licence does not apply and you would need to seek permission.
How does fair dealing work with my licence?
Your institution's licence with Access Copyright is designed to step in where fair dealing, exceptions under the Copyright Act and the public domain stop. While fair dealing, educational exceptions and the public domain cover certain uses - or certain works - certain works made in the institution setting (e.g. research and private study, when certain conditions are met), all uses are not covered. Your licence gives you the added comfort knowing you have advance permission to photocopy copyright protected material in the instances where permission would be required.