DRAFT RESOLUTION on Access Copyright and Academic Libraries in Canada

[The BCLA Information Policy Committee offers the following mission statement: “The BCLA Information Policy Committee is a standing committee of the British Columbia Library Association – membership is open to any member of BCLA. The Committee was established to advance the interests of citizens and library users in gaining and maintaining affordable and equitable access to information, and to ensure that the public interest is safeguarded in any government decisions relating to information policy. For more information, please visit our section of the BCLA website.” On its website, Access Copyright offers the following description of its mission and services: “Access Copyright was established as a not-for-profit organization in 1988 by a group of authors and publishers with a common and simple objective: To protect the value of their intellectual property by ensuring fair compensation when their works are copied ... We represent the reproduction rights of and distribute royalties to thousands of Canadian writers, visual artists and publishers... Users of copyright protected materials need access to published content. In turn, copyright owners - the creators and publishers of the content - deserve to be paid fairly for the use of their works. Access Copyright bridges the gap between content users and creators, effectively managing the needs of both groups through two core business functions: Licensing and Royalty Collection & Distribution. Access Copyright simplifies the process of copyright clearance and payment through our licensing activities. Our licensing solutions help facilitate user access within a system that remunerates creators fairly.Access Copyright offers two types of licences... Comprehensive: This type of licence is ideal for organizations that regularly use copyright protected works. It provides advance permission for copying materials from an ever-growing repertoire of books, journals, newspapers, etc. Transactional: A transactional or pay-per-use licence provides convenient permissions for one-time use or infrequent copying of works. This type of licence is available to organizations as well as to individuals.” The BCLA draft resolution, full text below, was written in response to recent changes in Access Copyright’s licensing agreements] “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...and... 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...and...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... and... 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’... and... 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.”