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Access copyright ppt

Access copyright ppt






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    Access copyright ppt Access copyright ppt Presentation Transcript

    • Access CopyrightAMS Council May 23rd 2012
    • You can probably count the number ofuniversities that are going to opt out ofAccess Copyright on one hand. UBC is going to be the largest finger on that hand. – Paraphrased from UBC ProvostDavid Farrar at Senate May 16th 2012
    • Copyright and “Fair Dealing”• in Canadian law, if you create something in a fixed, tangible medium, you own the copyright to it (unless you sign it away)• “fair dealing” refers to the Canadian statutory exception to copyright infringement
    • from §29 of the Copyright Code of CanadaResearch or private studys. 29 Fair dealing for the purpose of research or private study does not infringecopyright.Criticism or Reviews. 29 Fair dealing for the purpose of criticism or review does not infringecopyright if the following are mentioned: (a) the source; and (b) If given the source, the name of the (i) author, in the case of a work, (ii) Performer, in the case of a performer’s performance, (iii) Maker, in the case of a sound recording, or (iv) Broadcaster, in the case of a communication signal.News reportings. 29 Fair dealing for the purpose of news reporting does not infringe copyrightif the following are mentioned: (a) the source; and (b) If given the source, the name of the (i) author, in the case of a work, (ii) Performer, in the case of a performer’s performance, (iii) Maker, in the case of a sound recording, or (iv) Broadcaster, in the case of a communication signal.
    • Higher Education and “Fair Dealing”• “fair dealing” does not apply to the distribution of materials in the classroom – consequently, instructors must gain permission from copyright owners to use their materials• materials can range from journal articles to diagrams, from music recordings to videos
    • Access Copyright• a not-for-profit copyright collective whose mandate is to license copyrighted works and collect royalties through collective rights management• in 2011, Access Copyright received $28,833,000 in licensing fees
    • Association of Universities and Colleges of Canada• a consortium of 95 Canadian public and private not-for-profit universities and university degree-level colleges• Stephen Toope is currently serving as the Chair of the AUCC’s board of directors
    • Changes to AC Tariff c. 2011• in late 2010, various post-secondary organizations had license agreements with Access Copyright that expired• Access Copyright proposed a new tariff to take effect on January 1, 2011, with several changes: – a new $45 charge per FTE replacing a per-page fee – stipulations regarding electronic uses of copyrighted materials• various members of the AUCC consequently opted out of the Access Copyright agreement
    • UBC’s Position c. 2011• prior to the proposed AC tariff for 2011 onwards, UBC routinely paid Access Copyright about $650,000, of which: – $150,000 was subsidized from the general operating funds and; – $500,000 were recouped through coursepack prices• the proposed tariff was suggested to increase costs to $2,000,000
    • Opt-Out c. 2011-2012• as a result of the opt-out, UBC engaged in several actions: – accepted the terms of an interim tariff until August 31, 2011; – reviewed of electronic materials for which the UBC Library had purchased subscriptions; – launched copyright.ubc.ca as a resource; – with the AUCC, filed objections to the Copyright Board re: AC’s new tariff
    • Opt-Out c. 2012• in April, 2012, the AUCC agreed upon a model license with Access Copyright to last until December 31, 2015• in this new licensing model, AC would be paid $26 per FTE• in May, 2012, UBC announced that it would not sign a license agreement with AC
    • Other Universities• other universities have signed non-binding “letters of intent” granting them a period from May 15 to June 30 to conduct due diligence prior to signing formal agreements University Response Toronto Voluntary agreement Western Voluntary agreement Winnipeg Opt-out Manitoba Voluntary agreement Calgary Voluntary agreement Queen’s Voluntary Agreement
    • UBC’s Decision• UBC’s Press Release stated that there were 3 main reasons for this decision which touched on the principles of: – Moving towards more sustainable, electronic means of access – Ensuring that access is cost-effective
    • UBC’s Decision1) UBC has existing license agreements with over 950 publishers for online access2) UBC is concerned about affordability of higher education and believes the decision to opt out of the 2011 agreement enabled cost effective access3) Model license only permits copying of 10% of a narrow range of works that is almost exclusively print based
    • Resources Available• UBC feels that is has been able to develop mechanisms to effectively meet the needs of students, faculty and staff without resorting to the interim tariff thus far• in order to ensure that UBC continues to support the needs of the academic community, they have committed to the following resources – Website dedicated to copyright issues – UBC Copyright Advisory Group – Course pack production with clearances through Bookstore – New UBC Copyright Office
    • Business as Usual• it is hard to definitively predict the impacts this decision will have on students• this decision is not significantly changing the way matters of access are currently being handled• however the AMS recognizes that there are some issues with the current system that impact students ability to obtain course and lecture materials in a coordinated manner
    • Sturm und drang for Copyright• the field of copyright is one that is quite active at the moment and it is impossible to predict how things will turn out: – Bill C-11 proposes changes to the Copyright Act that may benefit the education sector – Alberta (Education) v. Access Copyright is a supreme court case that argues about the educational use exception to fair dealing
    • AMS Next Steps• Education Committee is engaging in conversations with key stakeholders to investigate how this decision may impact students including – GSS – Student Senate Caucus – UBC Copyright – Provosts Office• develop policy surrounding this decision and future considerations for the university to best support undergraduate and graduate students in their academic needs• engage with the university to communicate concerns of students and inform them of our policy