COURSEPACK COPY INFORMATION

Transcription

1 COURSEPACK COPY INFORMATION Universities and colleges licence FAQs What is the definition of a TEXTBOOK under the Access Copyright agreement? There is much confusion as to what constitutes a textbook. In order to assist, Rightsholders and Licensee membership organizations have agreed on the following guidelines. If a work falls within these guidelines, it is more likely that the work is a textbook for the purposes of the Access licence, although you are still entitled to use discretion and reasonable judgement in making such determinations. 1. Titles that include the following works are generally regarded as textbooks: An Introduction to ; Fundamentals of.; College. 2. Titles that include reference to an edition, like Calculus: A First Course, 3 rd edition or titles that clearly identify a course like, Geography: An Introduction. 3. Books that contain pedagogical features such as exercises, question sets, cases, boxed items, chapter learning objectives. The features are usually identified in the Table of contents. 4. Books that are accompanied by additional learning aids, i.e. Study Guides, Lab Manuals, Teacher/Instructor Guides, Solutions Sets. A student wants to copy a whole map, I don t believe our Access Copyright agreement includes maps but I am quite sure that the Copyright Act does provide protection for maps. What should we do? If the map is a page from a book covered by us you are free to copy within the licence limits. You are not allowed to copy the whole of a publication under your licence. If the map is a separate publication and commercially available as such you will need to seek permission directly from the publisher. Can we make copies under our Access Copyright licence of newspaper articles we receive in digital format from an online subscription service? Your licence is a text licence so if you are receiving material from the Internet it is not covered by the contract. If you have an agreement with an online provider you would follow the terms of your agreement with them and Access Copyright s permission could not supersede that source agreement. In a similar example, if an online journal allows you to make a single paper copy as part of your subscription then you should get in touch with them to find out how to copy beyond those limits. I teach/study at a licensed institution. Does this mean that I do not need to pay royalties for material published by my institution s own press? Your licence states that the agreement does not include works in which the institution has ownership. This does NOT include the publications of a university press. University and college presses publish works on behalf of many rightsholders. IN the vast majority of cases the institution does not own the copyright. A university or college press must be treated as any other publisher in ascribing royalties due from the use of their published works.

2 I am creating a curriculum for my institution. We will also be selling the curriculum to various schools overseas. Can I include published material and copy this under licence? If for your own students abroad, as long as this copying is done in Canada it could be reported and paid for under the bounds of your licence. Your print licence allows for cost-recovery copying for your educational community, like including copyright content in a course pack or curriculum for your teachers. If, however, your copying is republishing or a commercial enterprise you would need to go directly to the publishers for permission. Can we buy coursepacks from students as re-sell them as used? The licence doesn t allow re-sale of coursepacks. There s no problem in selling original books used, but of course that is not being done under the licence. The licence only pertains to copies of books. With the rise of the digital environment, copyright is more important than ever before and the risk of infringing is greater than ever before. Electronic use and copying is not the same as photocopying. While photocopying extends the usefulness of a printed work, digital technology enables completely new publishing models. For this reason, existing Access Copyright licences do not authorize any digital use or storage. Access Copyright does, however, offer digital licences on a transactional basis, to cover some digital uses of works in its repertoire. This may include scanning (taking a print work and digitizing it), importing a work from a digital form to a print form and taking a digital work and using it in a different digital format. To determine whether the work you wish to license is available for these various digital users, click on Get a transactional licence now. Here are some digital uses of works for which Access Copyright may grant digital transactional licences. Scanning Scanning from a paper original into a computer is often referred to as digitalization. If it is done without the consent of the copyright holder, it is likely to be an infringement of copyright. Permission to scan extracts from an ever-increasing range of published works is now obtainable through Access Copyright. Click on the get a transactional licence now button to find out more. Intranets and the Internet Copyright law applies on the Internet as it does to paper. It is an infringement of copyright to post material on a Web site, for example, without the consent of the copyright holder. This applies whether the site is on an intranet, accessible only to members of an organization, or the Internet. For digitized extracts from books, journals or periodicals to be placed on an intranet, the copyright holder s consent may be obtained under an Access Copyright transactional digital licence. Click in the left menu bar to get started. Hyperlinking It is unclear whether a simple hyperlink from one site to another infringes copyright. However, as a matter of courtesy, it is good practice to notify by those sites to which you intend to link. Using Internet material Many Web sites contain a copyright notice detailing how the material they contain may be used. Often this is in the form of a hyperlink from a short copyright notice to a more detailed statement of what is permitted.

3 If no copyright notice is provided, it is not safe to assume anything. For any use beyond everyday web browsing, permission should be obtained. A good starting point is to send an to the site s webmaster. A word about fair dealing Fair dealing for research or private study, criticism or review, or reporting current events does not infringe copyright, but is limited by strict conditions. Fair dealing in the digital environment is yet to be defined by the courts, and it would be unwise to assume that nay digital copying is fair dealing. Protection of Copyright Materials: Duration of Copyright Copyright generally exists for the life of a creator plus 50 years after the end of the calendar year of the creator s death. However, there are some exceptions to this rule, including: Crown works; and special rules assigned to works which are normally protected for the life of the author plus 50 years. Posthumous works (those which have not been published during the lifetime of the author) have copyright from the date of the publication, performance or delivery in public, until the end of that calendar year and 50 years thereafter; works by an unknown author have copyright for either the remainder of the calendar year of first publication plus 50 years thereafter or the remainder of the calendar year of the making of the work and 75 years after, whichever comes first; and finally, works created through joint authorship hold their copyright for the lifetime author who dies last and 50 years after.

4 WHAT YOU CAN & CAN'T COPY You CAN copy Under your licence, different copying limits apply depending on whether copies are provided at no cost for students and staff, or whether copies are made and sold to students and staff. For copies provided at no cost, up to 10% of a published work may be copied. Such copying includes, but is not limited to, copies made for free distribution in classes, for library reserve, or for inter-library loan to other university or non-profit libraries. For copies compiled and sold to students, up to 15% of a published work may be copied under the licence. This type of copying usually includes, but is not limited to, course materials sold by the university to students and copying for distance education. Royalties are paid to Access Copyright on a per page, per copy basis and bibliographic information must be submitted according to the schedule in your licence agreement. Materials published in Canada, Australia, Denmark, France, Germany, Iceland, Ireland, Italy, Liechtenstein, Malta, Netherlands, New Zealand, Norway, South Africa, Spain, Switzerland, the United Kingdom and the United States may be copied. You CAN'T copy Systematic, cumulative copying is prohibited. That means that you may not copy 10% of a publication one day, then another 10% the next day, and so on until most or all of the publication is copied. Specific restrictions also apply to the inclusion of textbook extracts into coursepacks. Up to 5% of a textbook or a single chapter may be copied, whichever is less. In a coursepack, there may be no more than two extracts copied from a textbook written by the same author and published by the same publisher within any five year period. Restrictions also apply to the proportion of textbook pages in a coursepack: no more than 50% of the pages in the coursepack can be taken from textbooks. Other works not covered under your licence Include: Print music (As an educational institution, you may apply for a transactional licence to copy print music, subject to different terms.) Workbooks and other publications intended for one-time use Instruction manuals Newsletters Letters to the editor Advertisements Works published by the Government of Canada or any province or territory (except works publ shed by the Province of Quebec) Unpublished and nonprint copyright materials such as originals of artistic works (including photographs), photographic negatives or other mounted transparencies Excluded works Publications from specific rightsolders may also be excluded from copying. Please consult your licence agreement for the current list. To obtain permission to copy these works, permission must be obtained from the copyright owner directly. Access Copyright may be able to help you with your request.

5 Out-of-print books, magazines and newspapers Out of print works that are not commercially available may be copied with approval by Access Copyright. Requests for approval must be submitted by fax or . Authorization is usually provided by Access Copyright within 48 hours. To apply for permission, see Out-of-print requests in the menu on the left. Record-Keeping Access Copyright distributes royalties collected for photocopying to creators and publishers whose works are copied under licence. Bibliographic detail and volume of copies made for sale to students must be submitted to Access Copyright according to the schedule In your licence agreement. For information on submitting copying records electronically, see full reporting log in the menu on the left.

6 USE OF PROFESSOR-PRODUCED MATERIALS FOR COURSE REQUIREMENTS POLICY CATEGORY: Academic APPROVED BY: Priorities and Planning Group EFFECTIVE DATE: September 1, Rationale This policy is intended to clarify the financial basis for Lakehead University professors who designate materials that they have produced as "required" for a course that they teach, in order to be fair, reasonable and avoid any allegations of conflict of interest. 2. Policy A) Authorization to Designate "Required" Materials: In order to avoid any possible claims of conflict of interest, a professor seeking to designate his/her own work as a "required" resource for a course that he/she is teaching must provide the department Chair/Director with a written justification for such request and obtain the department Chair/Director's written approval. B) Published Works- Subject to A) above, when a professor requires his/her work to be utilized as a "required course textbook" and has entered into a contract with a publishing firm to publish this work, the Bookstore, upon receipt of a signed Textbook Order Form and approval from the department Chair/Director, will issue a purchase order to the publisher for this material. Any royalties received by the professor will be within his/her negotiated contract with the publisher. C) On-Campus Printed Matter- When a professor requires his/her own work (e.g. lab manual, course notes, workbook, etc.) to be utilized as a course requirement, this work will be reproduced at the Lakehead University Print Shop and will be sold through the University Bookstore. If any royalty is to be added to the work, it will be paid only to a department budget code through a journal entry. The royalties paid to departments are intended to be used to directly benefit the students (e.g. sponsored speakers, field trips). The amount of the royalty will be determined by the Bookstore Manager in consultation with the department Chair and will normally range from a minimum of $0.50 to a maximum of $2.00 per work, using $0.02 per page as a guideline. If the length of the work is such that a royalty would make it unsaleable (e.g. the document could be photocopied for less cost) there will be no royalty added. At yearend, the Bookstore Manager will credit the department for all royalty revenue. The department will receive

7 an itemized list of all courses, quantity of documents sold, and the total value of the journal entry. There will be no royalty paid on unsold documents. D) Non-Print Materials- When a professor creates or compiles materials and content of a non-printed nature for required use in his/her course, the Bookstore will be responsible for the reproduction and sale of these non-print materials. These materials would include such formats as CD's, DVD's, audio tapes, etc. The amount of any royalty will be determined by the Bookstore Manager in consultation with the department Chair/Director, but will normally be approximately $1.00 per unit. Any royalties will be paid to the department at year-end accompanied by an itemized listing of all items sold. The funds so paid are intended to be used to directly benefit the student body. No royalties will be paid on unsold materials. 3. Sale of Any Course Related Materials - Enforcement Professors are not permitted to sell any course related materials directly to students. All materials must be processed through the University Bookstore. 4. Enforcement If the terms of this policy are not complied with, the Bookstore Manager will advise the professor of this policy. If necessary, the Bookstore Manager may refer the matter to the appropriate Dean who will then review the issue and take whatever action is warranted under the circumstances. 5. Review The Vice-President (Administration & Finance) will review this policy within five years to ascertain if any amendments are necessary.