UBC's Access Copyright Agreement

The Licences

2. Access Copyright hereby grants to the Licensee the following licences, subject to the terms and conditions of this Agreement:

(a)the non-exclusive right to make Copies of Published Works for use by Students, Professors and administrative staff of the Licensee and for use in interlibrary loan to other non-profit educational institutions and non-profit libraries, archives, and museums subject to the additional terms and conditions set forth in Schedule C to this Agreement.

(b) the non-exclusive right to make Copies of Published Works for sale to and use by Students, Professors and administrative staff of the Licensee, and for distribution to students enrolled in Distance Education, subject to the additional terms and conditions set forth in Schedule D to this Agreement.

(c) the non-exclusive right to make Copies of Published Works for sale to or use by any persons or entities other than non-profit educational institutions, libraries, archives or museums subject to the additional terms and conditions set forth in Schedule E and the applicable Copying and Tariff Schedule to this Agreement issued in accordance with clause 14(f)herein.

(d) the non-exclusive right to make a single Copy of all or a part of any rare or fragile copy of a Published Work held by a library which forms part of or is associated with the Institution or any entity listed in Schedule B for the purpose of preventing deterioration of such copy and for use by Students, Professors, and administrative staff of the Institution.

(e) the non-exclusive right to make a single Copy of not more than 20% of a Published Work to replace any damaged or missing pages of the work in the collection of a library which forms part of or is associated with the Institution or any entity listed in Schedule B.

(f) the non-exclusive right to make Alternate Format Copies of Published Works for use by Students, Professors and administrative staff of the Licensee who require Alternate Format Copies and those involved in assisting such persons, subject to the additional terms and conditions set forth in Schedule F to this Agreement.

2.1 Input or output of Published Works (without adaptation) into or from an Electronic File by computer or word processor shall only be permitted under this Agreement in amounts authorized and according to all other terms and conditions of this Agreement for the purpose of producing paper copies:

(a) except for Copies made under clause 2(b), paper Copies shall be produced immediately after the Electronic File has been created and the Electronic File shall be promptly destroyed;

(b) for Copies made under clause 2(b), Electronic Files may be retained for a period not exceeding three years as long as records are maintained in accordance with clause 13.1 and the Electronic Files are not distributed to or used by other institutions.

In any event, all Electronic Files shall be destroyed no later than the expiry of this Agreement.

2.2 With the exception of digital transmission for the purposes of interlibrary loan permitted by this Agreement, nothing in this Agreement authorizes the dissemination or distribution of any such Electronic File in any electronic form in any way whatsoever, including but not limited to, on disk or over a computer network.

2.3

(a) Copies made under this Agreement must be faithful and accurate reproductions of the Published Work and must not alter, manipulate, annotate, include comments, edit, amend or rearrange the content or appearance of all or part of the Published Work in any way.

(a.1) Notwithstanding clause 2.3(a), annotations or comments may be made on the page that follows the page on which appears a reproduction of an extract of a Published Work made in accordance with the terms of this Agreement.

(b) Notwithstanding sub-section (a) of this clause, for Copies made:

(i) under clause 2.1 of this Agreement for the purpose of producing paper Copies, making an Electronic File may involve any of the following activities:

(A) rotating the image orientation of the Published Work from landscape to portrait, or vice versa; or

(B) copying only a portion of the Page, provided that the copyright attribution as required by Schedule D, clause 9 of this Agreement includes a credit to both the author and publisher of the portion copied, as well as to the author and publisher of the Page from which the portion was copied;

(ii)under clause 2.1 of this Agreement but only for the specific purpose of producing Alternate Format Copies under clause 2(f) of this Agreement, making an Electronic File may involve any of the following activities:

(A) rotating the image orientation of the Published Work from landscape to portrait, or vice versa; or

(B) copying only a portion of the Page, provided that the copyright attribution as required by Schedule D, clause 9 of this Agreement includes a credit to both the author and publisher of the portion copied, as well as to the author and publisher of the Page from which the portion was copied; or

(C) increasing or decreasing the font size of the Published Work to a reasonable degree, provided that the font itself is not changed;

all provided that, in so doing, the Licensee shall not infringe the moral right of integrity held by the author of the Published Work.

3. This Agreement does not cover:

(a) works in which copyright no longer subsists in Canada;

(b) works for which copyright is owned by the Institution;

(b.1) anything that is excepted from copyright infringement pursuant to the provisions of the Copyright Act and any amendments thereto that may be enacted before or after the date of this Agreement but only from the effective date of such enactment;

(c) any fair dealing with any work for the purposes of private study, research, criticism, review or newspaper summary;

(d) works listed on the Exclusions List;

(e) unpublished works;

(f) all works published by Her Majesty in Right of Canada or any Province or any Territory other than the Province of Quebec or works for which Her Majesty the Queen in right of Canada or any Province or Territory other than the Province of Quebec holds copyright;

(g) works for which the Licensee has first sought permission to make the Copies from the person who has the right to grant that permission, regardless of whether or on what terms that permission is granted, unless that person advises the Licensee that it has authorized Access Copyright (or a collective with which Access Copyright has a reciprocal agreement) to grant permissions on its behalf;

(h) introductory quotations of short passages of Published Works;

(i) originals of artistic works;

(j) photographic negatives or other transparencies (positives) mounted or unmounted; and

(k) publications containing a notice which expressly prohibits reproduction under the authorization of a licence from a Reproduction Rights Organization;

nor does this Agreement cover, unless such works contain a notice which specifically authorizes copying under a licence with Access Copyright or any Reproduction Rights Organization represented by Access Copyright, any of the following works:

(l) published workbooks, work cards, assignment sheets, tests, examination papers, and any other Published Works intended to be "consumable";

(m) instruction manuals including teachers' guides;

(n) publications containing commercially valuable proprietary information, such as newsletters, with restricted circulation or that indicate use is restricted to fee-paying clientele;

(o) print music published for use by choirs, orchestras, bands, similar groups and individual performers whether religious, instructional, professional or recreational;

(p) letters to the editor and advertisements in newspapers, magazines or periodicals; and

(q) business cases which are available for purchase.

If the Licensee seeks to obtain permission to make Copies of works from a person referred to in clause 3(g) of this Agreement, such Copies shall not be made or reported pursuant to this Agreement.

4. By entering into this Agreement neither party is agreeing or representing in any way, either directly or indirectly, that the making of a single copy of all or a portion of a periodical article of a scientific, technical or scholarly nature and a single copy of a portion of any other Published Work, without the permission of the owner of copyright therein, is or is not an infringement of copyright.

5. Semi-annually from the commencement of this Agreement, that is, no later than February 1 and September 1 of each year during the term of this Agreement, Access Copyright may add Published Works to, or delete Published Works from, the Exclusions List by issuing a notice of change to the Exclusions List, which notice shall specify such addition or deletion. Such additions or deletions shall take effect 60 days from the date of giving of such notice of change. The Licensee shall be entitled to use, offer for sale, sell or distribute all Copies of any Published Work made prior to the effective date of the listing of the work on the Exclusions List. In addition to the foregoing, Access Copyright will use reasonable efforts to advise the Institution of any additions to the Exclusions List that have been notified to Access Copyright since the previous February 1 or September 1. Any such additions shall only take effect under this Agreement if such additions are included in a notice of change issued pursuant to this clause.

6. The Licensee shall not copy onto acetate or any similar transparent material or for mounting as a slide any work of a fine art if a slide of the work is available on the Canadian market within a reasonable time frame and for a reasonable price and that may be located with reasonable effort.

7. The Licensee shall only make Copies pursuant to clause 2(a), (b), (d), (e) and (f)of this Agreement for the purpose of education or recreation associated with the Institution, including professional, research, archival and administrative activities. For greater certainty, the parties agree that no Copies may be made pursuant to this Agreement for use in association with partisan political activities, endorsement, or advertising of a product, service, cause or institution where the nature of the material to be copied and the proposed use would prejudice the author's honour or reputation.

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Last modified: Apr 27, 2004

The University of British Columbia