COPIBEC, acting on behalf of authors and publishers, has concluded an agreement<\/b> with the F\u00e9d\u00e9ration des c\u00e9geps du Qu\u00e9bec<\/em> and the Association qu\u00e9b\u00e9coise des coll\u00e8ges priv\u00e9s<\/em> concerning the reproduction of literary works in Quebec CEGEPs and colleges<\/b> between 2007 and 2010. The ongoing agreement is 2011-2014.<\/p>\n Users in CEGEPs and colleges have been issued a comprehensive license<\/b> to reproduce excerpts from a wide range of copyrighted works from Canada and other countries.<\/p>\n CEGEPs and colleges have to respect copying limits<\/b> and pay royalties<\/b> to rights holders for the reproduction of their works.<\/p>\n The COPIBEC license gives CEGEPs and colleges access to a wide range of copyrighted works such as books, newspapers and periodicals<\/b>. However, the license does not authorize the reproduction of unpublished works, sheet music, exercise books or manuals. In addition, works and categories listed in COPIBEC’s Exclusions list<\/a> are not covered.<\/p>\n In this context, the word “reproduction<\/b>” refers to the copying of works by means of photocopying, xerography, stencil duplication, manual transcription, drawing (including tracing) or any similar process, fax or a “smart copier” such as a Xerox Docutech and Kodak 1500. However, the license does not allow copyrighted works to be adapted, performed in public or communicated to the public by means of telecommunication.<\/p>\n The license refers only to reproductions made for educational purposes<\/b> (pedagogical, educational or similar activities, including information sessions, workshops, correspondence courses, televised teaching, seminars, examinations, conferences and symposiums.)<\/p>\n Under the COPIBEC license, users in CEGEPs and colleges (teachers, lecturers and administrative staff) and their registered photocopy centers are authorized to reproduce 15% of a work for most cases<\/b> without additional charge.<\/p>\n For the same course group, users are authorized to reproduce an entire chapter, tale, short story or poem from an anthology or an entire article from a newspaper, periodical or encyclopedia provided the total amount copied does not exceed 15% of a work for most cases.<\/p>\n Reproduction licenses for protected works granted by COPIBEC to\u00a0CEGEPs and colleges do not, for the moment, authorize users to reproduce works electronically. If you would like to digitize a work to include it within the internal network (Intranet) of your teaching institution, to make it available on an Internet site, or you would like to reproduce it on CD-ROM, get in touch with us. We’ll help you obtain permission to copy the work as required by law, and to ensure that authors and publishers\u00a0are properly compensated.<\/p>\n The 2011-2014 agreement now authorizes CEGEPs and colleges users to reproduce works electronically. It is now allowed to put protected material on an Intranet (access limited to the students and personel), and to present material to a class on a PowerPoint presentation or on an interactive smart board. All the digital uses must be reported to Copibec. However, reproducing material on an Internet site (public access), a CD-Rom or sending it by e-mail is still prohibited. The exclusions list now has 2 columns, one for the paper reproduction, one for the digital reproduction.<\/p>\n In order to make copies beyond the authorized limits<\/b>, users in CEGEPs and colleges have to obtain specific authorization<\/b> from COPIBEC in advance.\u00a0 Specific authorization requires the payment of a fee of $0.10 for each page exceeding the authorized limit, with a maximum of 20%<\/b> of the total number of pages in the work.\u00a0 Any request to copy more than 20% of a copyrighted work is referred to the rights holder.<\/p>\n In order to ensure that the royalties paid by CEGEPs and colleges are distributed fairly to authors and publishers, COPIBEC and users’ representatives have agreed on a data collection <\/b>method based on a statistical model adapted to the institutions’ profile.<\/p>\n One year out of two on a rotating basis, CEGEPs and colleges have to report the copies they make under the copying agreement with COPIBEC. The institutions in the sample group for a specific school year are required to send COPIBEC detailed data on the copyrighted works they have reproduced.<\/p>\n From July 2011 to June 2014, CEGEPs and college have to report their copies every year.<\/p>\n Copying data should not include loose-leaf handouts, copies made under a specific authorization and copies made from a work in the public domain<\/strong>. In this context, “loose-leaf handouts” means reproductions made on paper sheets which are not bound, grouped together or inserted in course packs or course notes and which are distributed to students in the same course group occasionally or on an ad hoc basis.<\/p>\n A literary work is considered in the public domain at the end of a 50 year period following the death of the author or, in the case of joint authorship, at the end of a 50 year period following the death of the last living author.\u00a0 For instance, the poems of Verlaine, Nelligan and Hector de Saint-Denys Garneau are in the public domain. However, a Shakespeare play translated by Antonine Maillet is not considered in the public domain since the translation is recent.\u00a0 In addition, the critical or commentary portions of critical editions or anthologies are not considered in the public domain even if the works they contain are no longer protected by the Copyright Act.<\/p>\n On request and at its own expense, COPIBEC may acquire copies of course packs or course notes prepared by CEGEPs and colleges in order to check compliance<\/b> with the copying limits specified in the license. By doing so, COPIBEC is also able to obtain data on the reproduction of visual materials (drawings, maps, etc.) so that royalties can be distributed to rights holders.<\/p>\n On each copy or set of copies, users in CEGEPS and colleges must indicate the name<\/b> of the author and publisher, title<\/b> of the work, date<\/b> of publication, ISBN or ISSN<\/b> number as well as the page numbers<\/b> copied.<\/p>\n For example: Source with Two Authors or Editors For example: Magazine Article The first page of every item must list the bibliographic citation. In the case of a course pack with more than one item, each one of the items must list the bibliographic citation. No reproduction will be carried out if the citation(s) is\/are missing.<\/p>\n 15% of a work for most cases<\/strong> Fewer than 15% of a work for most cases and does not exceed 20% of the total pages of the source:<\/strong> More than 20% of the total pages:<\/strong> Prohibited:<\/strong> COPIBEC’s exclusion list is available at the Printshop or the Bookstore. It changes once a year (September 1st).<\/p>\nTerms of the agreement:<\/h3>\n
Types of copying allowed<\/h2>\n
Digital reproduction<\/h2>\n
Specific authorization for reproduction<\/h2>\n
Collecting data on copied works<\/h2>\n
Reports are submitted by the Printshop and the Bookstore<\/h3>\n
Copies not included<\/h3>\n
What is a work in the public domain?<\/h3>\n
Checking contents of course packs<\/h2>\n
Other requirements of the agreement<\/h2>\n
\nBernard Berelson and Gary A. Steiner, Human Behavior: An Inventory of Scientific Findings
\n(New York: Harcourt Brace & World, 1964), pp. 282-84. Total pages: 400. ISBN: 1-55016-653-X<\/p>\n
\nLise Bertrand. “Are your contests legal? An Important Case in Review,” Marketing, vol. 100, no. 27 (July 17, 1995), p. 15. Total Pages: 19. ISSN: 0025-3642<\/p>\nCheck List<\/h3>\n
\n
\nIf yes, the item may not be included in the course pack.<\/li>\n
\nIf yes, supply the page stating so, as part of the reproduction. This information may be found in any number of places in the publication: title page, verso of title page, back cover, etc.<\/li>\n
\nA work in the public domain is the “straight text”. It cannot contain an introduction, preface, forward, footnotes, explanatory notes, etc. which are attributable to an editor, publisher, etc. If using a public domain web site, either cite the web site address or if possible supply the “public domain” statement as part of the reproduction.<\/li>\nDetermine the Reproduction Limits<\/h3>\n
\nNo copyright fees (covered by the fee for ETC students).<\/p>\n
\nCopyright fee will be $.08 per page.
\nCOPIBEC will have to authorize the reproduction. See Printshop or Bookstore whichever is applicable.
\nCOPIBEC will invoice for those pages which exceed the limit.<\/p>\n
\nCopyright will be determined by COPIBEC.
\nCOPIBEC will solicit the rights holder.
\nCOPIBEC will send an invoice.<\/p>\n
\nThe photocopying of pages of a work when added up will exceed the limits.
\nThis regards an instructor who put in several requests over the semester
\nfor pages out of the same book (incremental photocopying).<\/p>\nExclusion List<\/h3>\n