October 27, 2015
To: Members of the University Community
From: Andrew Hakin, Vice-President (Academic) & Provost
Subject: Impending Copyright Changes
Access Copyright Licence Non-Renewal
I am writing to inform all members of the University of Lethbridge community that the University’s blanket licence from Access Copyright expires on December 31, 2015 and will not be renewed. Several considerations militate against renewal of the licence.
One is the inclusion of “education” as a new fair dealing purpose in amendments to the Copyright Act passed in 2012. Fair dealing is an example of copyright infringement exceptions, which the Supreme Court of Canada has suggested are more properly understood as users’ rights integral to the Copyright Act. Copying that is shown to be fair dealing does not require copyright owner permission or fee payment.
Another is a 2012 Supreme Court decision that ruled teachers’ copying of copyrighted works for students’ purposes of research and private study can qualify as fair dealing. The University’s Guidelines for Copying under Fair Dealing reflect an approach to educational fair dealing now followed by most Canadian public educational institutions outside of Quebec.
Licence Requirements Upon Expiry
The licence requires that, on expiry, the University “shall immediately use reasonable efforts to (i) prevent access to Digital Copies of Repertoire Works made under this agreement and stored on a Secure Network under its control, and (ii) inform all Authorized Persons [University faculty, staff and students] that the [University] no longer has a licence from Access Copyright for the use of the Repertoire Works.”
As academic staff are responsible for ensuring that all copyrighted material used for course or teaching purposes complies with relevant legislation and licensing usage terms, after the blanket licence expires, each instructor will be asked to take the following steps.
Copyright-Compliant Course Materials
Please keep in mind that there are a variety of ways in which copyright-compliant course readings may be distributed to students, including the following:
The University’s Copyright website contains a variety of copyright information and tools (https://library.ulethbridge.ca/copyright/copyright). As well, personal assistance from the University Copyright Advisor office is available to all faculty, students and staff (e-mail: email@example.com, office: 403-332-4472).
The cooperation of everyone in meeting our institutional obligations upon expiry of the Access Copyright licence is greatly appreciated. Copyright compliance is a responsibility we all share. Working together to protect owners’ rights while exercising users’ rights appropriately will make our shared task much easier.
Andrew W. Hakin
Provost and Vice-President (Academic)
University Copyright Advisor office
University Copyright Advisor
L1154, University Library
Library Operations Specialist
L1157, University Library