Coursepack FAQs for Post Secondary Licensees
What is the public domain? May I include material from the public domain in my coursepack?
The public domain includes all creative 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, including in coursepacks.
I have a variety of information to include in my coursepack. How do I determine if a work should be classified as a book or textbook, under my institution's licence with Access Copyright?
Generally, textbooks are books produced primarily for the educational market, and may include one or more of the following:
- any of the following words in its title: Introduction to, Fundamentals of, Essentials of
- reference to an edition, such as 3rd Edition
- pedagogical features, such as exercises, question sets, cases, boxed items, or chapter learning objectives
- an accompanying learning aid such as a study guide, lab manual, teacher guide or solution set
If any of these features appear, the work is generally considered a textbook. However, these are general guidelines only. If you are still unsure, you or your campus copyright coordinator may contact Access Copyright and we can assist you in making the determination.
I want to include an article in my coursepack, but I don’t know its source. What should I do?
Please provide Access Copyright with as much information about the article as you can (e.g. title, author, page numbers). We will use this information to make every possible effort to identify the work and the copyright owner and ensure that the royalties are distributed as accurately as possible.
May I include material obtained from a government site in my coursepack?
Crown publications are not covered by your Access Copyright licence, with the exception of those documents produced by the Province of Quebec. Additionally, your licence applies to print-to-print reproduction only, so all web-based material is excluded. To obtain permission to photocopy from a publication from the federal or any provincial government, other than Quebec, please contact the branch of the government that published the item. If you wish to make a copy from any digital source, you may get permission by contacting the copyright owner directly or by requesting a pay-per-use licence from Access Copyright by sending us an email.
If I cannot locate a magazine, book, or journal to print the pages I require for my coursepack can 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, you will need to obtain a pay-per-use digital to print licence from Access Copyright by sending us an email, or contact the copyright owner directly in order 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 magazine, book, or journal on hand. The article could then be sent via interlibrary loan and you would have a print version from which to photocopy.
My colleague has given me verbal permission to use her work in my coursepack. Do I still require written permission?
Verbal permission counts as permission, but it is always advisable to get it in writing and keep it on file. You will also need to be sure that your colleague is the sole copyright owner – where there are co-authors who have retained their copyright in the book you will also need to get their permission. Whenever you contact a copyright owner directly, the Access Copyright licence does not apply.
I have written a book which I would like to use in a course I’m teaching this semester. However, my publisher will not have the book ready on time. May I print this material in a coursepack?
This material would not be covered by your Access Copyright licence since it is not published yet and your institution’s licence with Access Copyright excludes unpublished works. Even though you are the author of the book, through your contract with the publisher you may have made them a copyright owner of your work, or you may have granted your publisher an exclusive licence. You should consult your publisher to determine who owns the rights and then seek permission from your publisher, if necessary, to include the material you want in your coursepack.
Where can I find the information required to complete the eLog?
Most of the information may be found on a publication's copyright page.
I would like to include a chapter from a textbook in my coursepack, but the total number of pages amounts to more than 5% of the book. May I still include the chapter?
Under your licence, you may photocopy the greater of 5% or an entire chapter from a textbook for use in your coursepack. If you copy one entire chapter that is more than 5% of a book, it is covered by your licence.
Why can I only include 5% of a textbook but 15% of a book or magazine in my coursepack?
Generally, textbooks are the core resources used in institutions. The purpose of the licence is to allow for photocopying that supplements but doesn’t replace the purchase of a core resource. You may request by emailing Access Copyright for permission to include additional textbook material beyond the 5% limit. This special permission can allow you to include up to 20% of the textbook in a coursepack. This permission must be obtained before the reproductions are made. You are still not permitted to exceed the 50% textbook limit for inclusion in coursepacks.
Why are coursepacks restricted to 50% textbook material?
Generally, textbooks are the core resources used in institutions. The purpose of the licence is to allow for photocopying that supplements but doesn’t replace the purchase of a core resource.
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.
Who is responsible for paying coursepack royalty fees?
The organization that has the licence with Access Copyright is responsible for paying royalty fees. How an organization chooses to collect fees internally is based on its own policy.
My textbook instructor material contains assignment sheets and tests that would be useful to my students. May I include these in a coursepack?
Instructor material is not covered by the Access Copyright licence. You will need to contact the copyright owner to obtain permission to include this material in your coursepack.
May I include excerpts from a dissertation in my coursepack?
Unpublished works, such as theses and dissertations, are not covered by your Access Copyright licence. You will need to obtain permission from the author of the dissertation to include the material in your coursepack.
The equipment we are using in our lab comes with numerous information sheets and instructions for use. May I include some of this material in my coursepack?
Computer manuals and other instructions are considered proprietary information and are not covered by your institution's Access Copyright licence. You will need to contact the manufacturer directly to obtain permission to use this material in your coursepack.
Some of the material I would like to include in my coursepack is listed on the Exclusions List. Is there any way I can include this material in my coursepack?
You will need to contact the copyright owner directly to obtain permission to include this material in your coursepack.
The textbook material I would like to include in my coursepack exceeds the licence limits of 5% or a single chapter. How can I include this material in my coursepack?
You may request permission to include additional textbook material beyond the 5% and up to 20% of the textbook in a coursepack by sending us an email. This special permission must be obtained before the reproductions are made. You are still not permitted to exceed the 50% total textbook limit for inclusion in coursepacks.
I am creating a curriculum for my institution. My institution will be selling the curriculum to various institutions overseas. May I include material and photocopy this under the licence?
No, your institution's licence with Access Copyright does not cover photocopying for commercial purposes such as the sale of materials to another institution. To obtain permission to do this, you would need to go directly to the publishers of the materials.
Your print licence does, however, cover photocopying that is intended for a institution's students or instructors who are overseas, as long as the photocopying is done in Canada. This would include copying done for international campuses. This copying would need to be reported and paid for according to the terms of your licence.
May my institution sub-contract its photocopying to a print shop during our coursepack rush?
Yes, a print shop may make photocopies for you under your licence as long as the photocopies are brought back to the college or university, sold through college or university channels and the photocopying is reported in the eLogs by the institution.
Only print shops that have a coursepack licence with Access Copyright are permitted to log the coursepack information for you and sell coursepacks to students. For a list of these shops in your area, contact us.
May we photocopy excerpts from a number of anthologies in order to make up a coursepack, or are these items subject to the textbook guidelines?
Generally the issue with anthologies is whether the individual excerpts you wish to photocopy from the anthology are commercially available in a separate form. For example, if an anthology of modern drama contained "Waiting for Godot" you could not photocopy the whole of the play for a coursepack because the play is readily available as an independent work.
If you are unsure about an excerpt you wish to photocopy, send a detailed email to us and we will provide you with clarification regarding the title.
When we share resources created for our students with another of our institution's campuses, may we send a coursepack to them to make photocopies for their students? Who is responsible for reporting the copying?
Your institution's licence allows you to send coursepacks to other campuses within your institution, but coursepacks may not be given or sold to other institutions – this would be considered making copies for commercial purposes and that use is not covered by the licence. As long as all of the copies made are reported in your eLog, your institution can choose to centralize the reporting at one location or have the copying logged at the individual campuses where the copies were made.
Do we pay a per page rate for reference/index/bibliographic pages?
Yes, when this material is included in a coursepack. Licensees pay a per page rate for use of all material taken from printed published works, which includes reference pages, bibliographic pages and indices.
May I put a coursepack on reserve in the library?
Yes, you may. However, no further copying of coursepacks is permitted. A statement indicating this should be clearly marked on all reserve coursepacks. 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 cannot do directly.
May we supply instructors with the PDF files of their coursepacks for their own use?
Under your institution's licence, you may create an electronic file from a coursepack, but only for the purpose of making the print photocopies, which are then sold or distributed. You are not permitted to create an electronic file from a coursepack for anyone to read or print photocopies from.
How does fair dealing work with my licence?
Your institution's licence with Access Copyright is designed to step in where fair dealing, educational exceptions in the Copyright Act, and the public domain stop. While fair dealing and the educational exceptions cover certain uses 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 of knowing you have advance permission to photocopy copyright protected material in the instances where permission would be required.