Who is Access Copyright?
Access Copyright is a collective voice of creators and publishers in Canada. A non-profit, national organization, we represent tens of thousands of Canadian creators and publishers and their works. Through agreements with sister organizations around the world we also represent the works of hundreds of thousands of foreign creators and publishers.
What does Access Copyright do?
For more than 25 years Access Copyright has facilitated the remixing and sharing of content for educational and professional purposes. We have helped educators become their own anthology editors and we have combined this with an assurance that the original creators and publishers also benefit, so that they can continue creating new and innovative works.
Why should we consider these new offerings from Access Copyright?
These offerings provide faculty with flexibility to choose and distribute the most meaningful and relevant content for their students, while significantly reducing the friction related to clearing permissions. Copyright workflows can be streamlined; copyright risk can be efficiently managed; and content-related costs can be reduced for both the institution and its students.
How do these new offers differ from our current/past agreements?
These offerings were developed with input from our post-secondary education customers and are designed to provide greater convenience, value and choice.
What does the Premium offer provide?
Premium provides convenient, institution-wide pre-clearance for copying up to 20% of individual publications in Access Copyright’s extensive repertoire. Premium incorporates a single flat price per FTE (full-time equivalent) student and lighter reporting requirements.
Why does the price of Premium differ between colleges & universities?
The prices are adjusted relative to traditional quantity of copying at universities and colleges.
Why should we choose the Premium offer?
The Premium offering represents the greatest value and convenience for high volume users and also the simplest solution for institutions that do not centrally manage their copyright clearances.
Why is the Premium price lower than our existing/old agreement?
The new rates are intended to reflect market uncertainty around fair dealing in education. As such, they represent a sincere attempt to continue working with the education sector as we await greater clarity on fair dealing.
How much can we copy and what will we need to report under a Premium agreement?
With a Premium agreement, you are permitted to copy (paper or digital) up to 20% of publications covered under Access Copyright’s repertoire. The only reporting requirement for the Premium agreement is for paper coursepacks (compilations sourced from more than one publication). Reporting enables Access Copyright to distribute the royalties collected to those whose publications are copied.
Under a Premium agreement, how do we avoid paying twice for permissions we already have?
The Premium agreement provides blanket permissions for a flat price per FTE. Access Copyright’s repertoire of publications is extensive and, consequently, there will be overlap with some of your existing subscriptions. This overlap and the uncertainty around fair dealing were both accounted for in the price of the Premium agreement.
If we choose the Premium offer does that mean we would not be subject to the tariff?
Yes. Institutions with a Premium agreement from Access Copyright would not be subject to a tariff for the period covered by the agreement.
What does a Choice offer provide?
Choice provides institution-wide coverage for paper handouts, email attachments (and admin costs) for a set price per FTE. Choice also includes pay-per-use permissions (up to 20% of covered publications) for paper coursepacks and digital uploads, conveniently pre-cleared at a consistent price per page.
Why should we choose the Choice offer?
The Choice offering is designed to provide a convenient, flexible, solution with efficient pricing for institutions that have a centralized copyright management process for clearing permissions.
Why are you now re-offering a hybrid pay-per-use option (Choice)?
Access Copyright recognizes the advances many institutions have made on content dissemination and the centralized management of copyright. The Choice offer is designed to provide a convenient, flexible solution to those institutions that have developed centralized permissions processes.
What is meant by the "centralized copyright management" required for take-up of the Choice offer?
Centralized copyright management means that checking copyright status and clearing permissions is centralized by the library, copy centre or bookstore; through copyright management software and/or through integration with e-Learning environments. Access Copyright is willing to work with institutions to determine how to effectively and efficiently centralize their copyright clearances and to offer related solutions.
Why isn't the Choice offer available to institutions without "centralized copyright management"?
Before 2011 pay-per-use coursepack permissions were administered through central service hubs that managed reporting and payment for coursepacks. The Choice agreement extends similar pay-per-use coverage to digital uses and therefore can only be implemented where there are similarly centralized hubs capable of managing permissions for digital copying.
Why is the indemnity more limited under the Choice agreement?
If a broad indemnity is important to your institution, you may be better served by the more complete coverage offered through the Premium agreement. The Choice agreement relies on user-selected reporting and payment for paper coursepacks and digital uploads and therefore cannot include an indemnity for unreported digital uploads and coursepacks.
How much can we copy and what will we need to report under a Choice agreement?
With a Choice agreement, you are permitted to copy (paper or digital) up to 20% of individual publications covered under Access Copyright’s repertoire. There are pay-per-use reporting requirements for coursepacks and digital uploads. Reporting enables Access Copyright to distribute the royalties collected to those whose publications are copied.
Under a Choice agreement, how do we avoid paying twice for permissions we already have?
The Choice agreement is designed for institutions that have developed a centralized system for managing permissions, including workflows to check for existing content licences and permissions.
If we choose a Choice offer does that mean we would not be subject to the tariff?
An institution with a Choice agreement might be subject to a tariff if they underreport usage based on fair dealing policies that are ultimately determined to be unfair under the law.
How do we know what’s covered?
Access Copyright provides an easy to use Title Discovery and Permissions Tool.
Is there additional permissions support for copying covered by Premium or Choice?
Yes. Premium and Choice customers both have the option to avail themselves of pre-cleared, pay-per-use permissions for copying from 20% to 25% of a covered title. This option is offered at a fixed rate of 12 cents per page with no admin fee.
Premium and Choice customers also have the option to use Access Copyright's permissions clearance services to handle any requests not covered under their agreements. Permissions clearance services are offered for a low administration fee plus the rightsholder-set copyright fee (permission and copyright fees subject to rightsholder approval).
Why would we need an agreement that overlaps our fair dealing policy?
Creators and publishers do not agree with the interpretation of fair dealing currently advanced by the education sector. In the absence of a sustainable consensus, however, what is fair in an educational context will have to be determined by the Copyright Board or the courts. Regardless of this disagreement, many institutions will find value in the Premium or Choice offerings during this period of uncertainty.
Do we need to pay for uses falling within our fair dealing guidelines?
Under a Choice agreement everything used and not cleared through Access Copyright will be your responsibility. You are accountable for your own interpretation and application of fair dealing.
Is Access Copyright planning any future "added value services" in this area?
Access Copyright has already enhanced Premium and Choice through the addition of new permissions support services and we are working on additional tools to help simplify the discovery, selection, management and integration of content and the checking of associated permissions.
Would the adoption of Premium or Choice place any restrictions on scholarly communication?
No. Any restrictions outlined in the licence are intended solely as limitations on the coverage granted under the licence. Nothing about the limitations of coverage should be interpreted as restricting or interfering with the rights of individuals under the Copyright Act or other licences.
My institution currently has no agreement with Access Copyright. Are these offerings available to us?
Yes. These offerings are open to all post-secondary educational institutions. Tariffs will only apply to periods when an institution has been unlicensed; and may also apply to under-reported usage based on fair dealing policies that are ultimately determined to be unfair under the law.
Who can I contact to discuss these offers?
For additional information about these and other new offerings from Access Copyright, please contact Jennifer Lamantia, Manager, Business Development, firstname.lastname@example.org, 416-868- 1620 x 342.