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BCLA Information Policy Committee
DRAFT Resolution on Access Copyright and Academic Libraries in Canada
WHEREAS In 2011, over 30 Canadian universities and colleges opted out of licensing agreements with Access Copyright, The Canadian Copyright Licensing Agency, due to both Access Copyright’s significant increase in per-student fees as well as the introduction of what many considered to be intrusive and impractical monitoring requirements.
WHEREAS In January 2012, two universities, the University of Toronto and the University of Western Ontario entered into a voluntary licensing agreement with Access Copyright.
WHEREAS from a library perspective, one of the most troubling aspects of the deal signed with Access Copyright is that it gives Access Copyright additional rights that simply do not exist under Canada’s copyright legislation, specifically, defining copying to include “posting a link or hyperlink to a digital copy”, a definition not upheld by the Supreme Court of Canada. Academic libraries have already paid for access to online content. Having to essentially “pay twice” to link to this content in library reserves, on course sites, or even in an email is unacceptable.
WHEREAS the Newfoundland and Labrador Library Association “strongly urges universities and colleges, particularly those in Newfoundland and in Atlantic Canada, not to capitulate to Access Copyright’s unfair and unreasonable demands”.
WHEREAS The Canadian Association of University Teachers (CAUT) is also condemning the agreement, advising universities and colleges that “It‘s time to stand up for the right to fair and reasonable access to copyrighted works for educational purposes.”
THEREFORE, BE IT RESOLVED that the British Columbia Library Association strongly urge universities and colleges, particularly those in British Columbia, not to capitulate to Access Copyright’s unfair and unreasonable demands, but rather to stand up for the right to fair and reasonable access to copyrighted works for educational purposes.
Acknowledgement: this resolution is based on the Open Letter: Access Copyright and Academic Libraries in Canada crafted by the Newfoundland and Labrador Library Association, dated February 12, 2012.
Please submit comments on the draft resolution by April 1, 2012.