Documentation:Intellectual Property Office/Access Copyright Process
Access Copyright Process
Materials exceeding the TRU Fair Dealing Policy may be cleared under the Access Copyright License up to 20% of a text or journal provided the material is not on the exclusions list of publishers who do not want their royalties collected by Access Copyright. Materials between 20 and 25% of a text may be cleared by means of obtaining special permission and recording this on the Access Copyright Transactional spreadsheet. Permission can also be obtained to copy an entire text where it is out of print and there are no newer editions available. These also are recorded on the Transactional spreadsheet.
Things to know about clearing course packs for campus with Access Copyright:
- When a course pack has been received from the Printshop for a campus based course, the person assigned to it goes through it for third party materials and assesses whether they can be deemed fair dealing , require a permission or whether they need to be logged on the Access Elog.
- If there are no materials being elogged, the Printshop is notified that the course pack has been cleared and a copy of that notification is sent to the Bookstore so that they know the course pack is coming.
- If there are materials which are logged on the Elog, then a separate email should be sent to the Bookstore advising them of the number of pages that are being copied under the Access License. If the amount exceeds 20% of the text and an Access Transactional License is also required, the amount charged for the Transactional License must also be reported to the Bookstore.
Procedure for materials under 20% of a text or book
1) In order to clear materials under the Access Copyright license, you require the ISBN (books)or ISSN number (journals) and the publisher’s name. These are entered into the Access Copyright Repertoire Look up Tool https://rms.accesscopyright.ca/rplookup/repertoire/RepertoireLookup.aspx which will provide you with information as to whether it is permissible to use the Access Copyright License to duplicate the requested materials. 2) If the material is available in the Access Repertoire, the information for the third party material you are clearing is entered into the appropriate Elog Master form (located on the O drive): Campus or OL.
Transactional License -Procedure for materials in excess of 20% but less than 25% of a text or an out of print text
1) Use the Access copyright look up tool to make sure the material is available for duplication.
2) Use the request form https://rms.accesscopyright.ca/rplookup/repertoire/prequest.aspx to request permission for a transactional license. Separate transactional licenses are generated for Campus and OL. For OL requests, in the box for Licensee add the letters "OL" behind Thompson Rivers University so that Access Copyright is clear that the request will go on the OL transactional license. Comments box might indicate that the entire text is required as it is out of print or "This request is for 21% of the text and requires a transactional license".
3) Access copyright will acknowledge the request immediately by automated email. It may take 2-5 business days for them to provide a return email which authorizes the use. The permission must then be entered on both the Access Elog for that portion under 20% and on the Transactional License log for that portion over 20%.
Methods of Reporting Access Copyright usage
When entering materials on the elog, it is important to include both the course code and the instructor name for campus courses as there may be several sections of the course offered each with their own unique course pack. All columns are filled except for the Number of sets made.
- a) In the case of OL print materials the number of sets made is filled in based on the reported enrolments in tableau before the log is submitted to Access Copyright
- b) In the case of Campus, this will be filled in later when we go to submit the elog. A sales report is obtained from the Bookstore which provides the number of copies for each course and section.
Where a transactional license permission is required, the first 20% of the material is placed on the E-log.
Transactional License Spreadsheet
(Open Learning and Campus Transactional License Trimesterly Reporting Sheet)
- a) It requires the intellectual property officer to fill in the date the permission was requested, the date the permission was granted Access Copyright, and the requesting officer’s name.
- b) The course code is entered, without the professor’s name.
- c) Use of the material, print or digital, needs to be specified.
- d) The total pages in the text must be specified.
- e) The Specific Page Range requested includes all of the pages requested.
- f) The 20% portion is calculated automatically for you as are the additional pages available under the Transactional license.
- The transactional license spreadsheet will also calculate the number of pages which exceed the license limit ( exceeds 25%) – which cannot be duplicated under Access Copyright permission.
- h) Fill in the number of permissions requested.
- i) OL Print materials procedure: all the requested print copies are printed at a single time during the term and permission is not requested until the printed supply is exhausted. The number of permissions requested in the permission approval is left as is.
- ii) For OL materials which are digital transactional licenses, the requested number of copies may change based on enrolments. The requested number is also entered on this sheet when the permission is obtained but may be changed when the confirmation Transactional spreadsheet is received from Access Copyright.
- iii) For Campus (Face to Face) course pack material, the number of pages exceeding the 20% is multiplied by the $0.10 per page fee. This number is reported to the Bookstore so that it can be recovered in the course pack cost. The amount reported will be the page count plus the administrative fee and HST. (A total cost is also calculated on the spreadsheet automatically). The number of permissions requested may change based on the sales report provided by the Bookstore at the end of the trimester.
- iv) A flat $10.00 fee is charged where the pages over 20% are from an out of print book. It is possible to duplicate the entire text for the flat fee. This amount is also reported to the bookstore when the permission is obtained for a Face to Face (Campus) course.
Reporting to Access Copyright
Access Elog is reported at the end of each semester. The reporting periods are:
- 1. September 1 to December 31 (Fall Term) due February 28
- 2. January 1 to May 30 (Winter Term) due July 30
- 3. June 1 to August 31 (Summer Term) due October 31
For campus elogs, reports of sales of course packs for each course are obtained from the Bookstore and that number is entered into the elog to be submitted to Access Copyright. This is usually given to us as a list or excel sheet by the Bookstore. ( The spreadsheet from the bookstore is saved into the O drive in the Access Copyright folder).
For Open Learning, elogs, sales reports are obtained from OLBookbuyer@tru.ca. You will have to go through the sales report for the relevant months and located the readings package or reprint in the inventory system and then report these numbers on the appropriate line of the Elog. (The sales report is also saved into O drive in the Access Copyright folder) Where the materials reported are part of a digital license, the number of users is determined from Tableau.
Where a transactional license was also obtained the number of copies to which the license for the period pertains should already be included on the Elog . For print copies, it is OL policy to print the entire number of copies requested on the transactional license at one time and keep them in inventory. This should be a final number.
Where a transactional license was also obtained for digital materials (ie used in the LMS instead of print form), the number of users is determined by the number of registrations in tableau. This number is adjusted when Access Copyright sends us the Transactional Log for confirmation. The number from the revised Transactional Log is then adjusted on the Elog.
Transactional License reporting periods are:
- 1. September 1 to December 31 ( Sent out on January 15th)
- 2. January 1 – May 30th ( Sent out on June 15th)
- 3. June 1 to August 31 (Sent out on September 15th)
Access Copyright sends out the Transaction Spreadsheet based on the requests we have made during the period and asks us to confirm our usage. Once we have checked the Transactional License against our copy to confirm the materials used and have confirmed the number of users, we email a confirmation back to Access Copyright who then issue an invoice for the materials used. This invoice is paid by the Intellectual Property Supervisor.
The Intellectual Property Supervisor reviews all elogs and Transactional License Reporting before they are sent to Access Copyright.