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Manitoba Education, Citizenship and Youth

May 2000

To: All School Staff in Publicly Funded Schools

From:  John Tooth
Chair, Minister’s Advisory Committee on Copyright

Re: Access to Copyright Materials as per the Pan Canadian
Schools/CANCOPY Copyright License Agreement (1999-2004)

The Council of Ministers of Education, Canada has negotiated a licensing agreement to cover photocopying in schools that covers all provinces and territories except for Quebec, with CANCOPY, the Canadian Copyright Licensing Agency. Manitoba's negotiations have been approved by the Minister of Education, Citizenship and Youth as well as by the Minister's Advisory Committee on Copyright, composed of stakeholders from the Kindergarten to Senior 4 education system. This new 5 year agreement began on September 1, 1999, and replaces the one-year 98/99 Manitoba/CANCOPY agreement that had been extended from June 30, 1999, through August 31, 1999. Essentially, the new Agreement permits photocopying similar to that under the previous agreement.

Please read the attached Poster that outlines the terms of the access to copyrighted materials provided to K – Senior 4 educators in Manitoba through the Agreement between CANCOPY and Manitoba Education, Training and Youth, on behalf of publicly funded schools. A summary of the salient features to note are provided below:

• The terms of access remain largely as before:
  • Excerpts up to 10% of books, journals, magazines and newspapers;
  • The 10% limit may be exceeded if required to copy: entire chapter of a book (20%); entire short story, play or essay, or poem from an anthology; a magazine or journal article; or entry from a reference work;
• The quantities of photocopying permitted remain the same; that is, the ability to make class sets as well as two copies for the teacher, and copies for administrative purposes including communication to parents and the library;

• Copies of copyrighted materials may be incorporated into bound or unbound packages for non-student uses, such as for educators presenting collegial professional learning or parent workshops, and for locally developed departmentally approved curricula;

• Course packs for students are prohibited under the Agreement. A course pack is defined as meeting all of the following criteria: must be more than 20 pages; must have more than 4 published works; and must replace a text book. If all of these criteria are not met, then teachers are free to create bound or unbound packages for student use;

• The license fee for access to copyrighted materials by teachers has been set at $2.10 per full time equivalent student for the school year 1999-2000;

• There will be no volume sampling conducted in schools during the life of the Agreement;

• The participation in 2001-2002 of 63 selected schools, and 6 board offices in Manitoba for a period of 5 weeks in bibliographic sampling, the purpose of which is to facilitate the distribution of royalties to creators and publishers, is a requirement of the Agreement. This represents a significant reduction in the duration of sampling; and

• Exceptions for users provided under Bill C-32, An Act to Amend the Copyright Act, have been incorporated into the attached poster and are provided freely to educators via the federal government rather than through the CANCOPY Agreement.

Unfortunately, this license does not cover the reproduction of copyrighted materials created and used in a digital environment. While extensive negotiations took place, CANCOPY ultimately was unable to offer a license for copying digitally created materials. However, the Agreement does permit the digitization of print copyrighted materials as long as the output is in paper. Further use of this transitional electronic copy is not permitted.

The complete licence agreement for Manitoba is available on the IRU web site at http://www.edu.gov.mb.ca/k12/iru/index.html, click IRU Publications and then Pan Canadian Schools/CANCOPY Copyright Licence Agreement Information.

Further, Manitoba Culture, Heritage and Tourism is permitting schools to copy, without seeking permission, Manitoba statutes and regulations. Federal and Ontario statutes, regulations, and court decisions may also be copied.

If you have any questions regarding this Agreement, please contact John Tooth at 945-7833 or  1-800-282-8069, ext. 7833 or via email at John.Tooth@gov.mb.ca.