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Copyright at TWU - DRAFT POLICY: Access Copyright

Canadian copyright for academics at TWU

What is Access Copyright

Access Copyright is a not-for-profit collective society that represents the reproduction rights of rightsholders, and grants licences for the use of copyright-protected published works. This page is a summary of TWU's agreement with Access Copyright. The full-text of the agreement is available below.

Note:

  • The Access Copyright agreement deals with print works.
  • Much of what is permitted by the Access Copyright licence may also permitted under Fair Dealing.
  • Most of our electronic resources (e-books and database articles) are governed by separate agreements signed by TWU. See this page for details.

What does the Access Copyright Agreement permit me to do?

2. GRANT OF LICENCE

(a) Subject to the terms and conditions of this agreement, Access Copyright hereby grants the Licensee a non-exclusive licence, for any Authorized Person to:

i. make Copies of up to twenty percent (20%) of a Repertoire Work or make Copies of

  1. an entire page or article from a magazine, journal or newspaper that is a Repertoire Work,
  2. an entire short story, play, poem, essay or article from a Repertoire Work that contains other Published Works,
  3. an entire entry or article from a reference work that is a Repertoire Work,
  4. 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) from a Repertoire Work that contains other Published Works, or
  5. an entire chapter from a book that is a Repertoire Work, provided that it is no more than twenty-five percent (25%) of that Repertoire Work, for any Authorized Purpose, including for use in a Course Collection, and

ii. make a single Copy of a Repertoire Work in accordance with subsection 2(a)(i) for the purpose of interlibrary loan to an institution or corporation licensed by Access Copyright or to any non-profit educational institution, library, archive or museum, in instances where an exception does not already apply.

(b) Apart from the rights specifically granted in this agreement, the Licensee is granted no other right or licence in the Repertoire Works. Access Copyright does not grant the Licensee a licence to gain or to secure access to Repertoire Works for the purposes of Copying Repertoire Works or for any other purpose.
 

Concurrent copying Alternatives

Nothing in this agreement is intended to prevent the Licensee from reproducing, making available, distributing or transmitting works under a licence or other arrangement authorizing those acts or as permitted under the Copyright Act, R.S.C. 1985, c. C-42 (the “Copyright Act”).

Access Copyright FAQs

What is a Repertoire Work?

A Published Work in which Access Copyright as a collective society administers the reproduction right, the communication to the public right, or the making available right, as authorized by the copyright owner or by another collective management organization, whether by assignment, licence, agency, or otherwise, and includes any Copy of a Repertoire Work.

How do I find out if a work is in Access Copyright's Repertoire?

Use Access Copyright's Repertoire Look-up Tool to determine whether an item may be copied.

What do I do if a work is not on Access Copyright's list of Repertoire Works?

Even if Access Copyright does not permit copying of a work, you can still legally copy insignificant portions under the Fair Dealing provisions of the copyright law.

Is it ok to put copied material from a Repertoire Work on MyCourses?

Yes, as long as:

  1. The copy is made from a legally obtained work.
  2. It is accessible only to authorized users, i.e., it is on MyCourses and not the open web.
  3. The complete bibliographic reference appears with the unaltered work.
  4. There is no cumulative copying beyond the permitted amount for the same class in the same school year, e.g, you can't put one chapter of a book on MyCourses for a couple of weeks, remove it and upload another chapter of the same book for the same class in the same school year.

 

Conditions of Licence

4. CONDITIONS OF LICENCE

(a) Copies shall be made only from Repertoire Works that are lawfully obtained by the Authorized Person making the Copies, without violating any licence, agreement or notice on a publication that prohibits reproduction of any part of the publication under a collective licence, and without circumventing a technological protection measure that controls access to or restricts reproduction, distribution or transmission of a Repertoire Work.

(b) Copying from the same Repertoire Work for the same Course of Study in the same Academic Year beyond the limits set out in section 2 is prohibited.

(c) Copies of Repertoire Works shall not be altered and shall include, where reasonable, a credit to the author, artist or illustrator, and to the source.

(d) Copies of Repertoire Works shall not be used in association with any partisan political activities, for endorsement of a cause or institution, or in advertising a commercial product or service.

(e) Copies of Repertoire Works shall only be distributed, made available, accessible or transmitted to Authorized Persons or in accordance with subsection 2(a)(ii).

(f) Copies of Repertoire Works shall not be transmitted, posted, uploaded or stored on any device, medium, computer, computer network, public network, the Internet, or in any other manner that makes the Copies publicly available or accessible to persons other than Authorized Persons.

(g) Copies of Repertoire Works shall not be transmitted, posted, uploaded, stored or indexed with the intention or result of creating a library of Published Works, except as part of a Course Collection.

(h) The Licensee shall take reasonable steps to ensure that Authorized Persons and Subcontractors comply with the conditions set out in subsections 4(a) to (g).