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│ 208 Administration Building

│ Winnipeg, Manitoba
│ Canada R3T 2N2
│ Telephone (204) 480-1408
│ Vice-President (Academic) & Provost │ Fax (204) 275-1160

December 21, 2010

 
TO:  All faculty, staff, and students 
 
FROM:  Dr. Joanne C. Keselman 
  Vice‐President (Academic) and Provost 
 
RE:  Copyright – New Fair Dealing Guidelines 
 
 
The landscape around copyright in Canada is rapidly evolving. Recent years have
seen significant developments in the law, particularly around the issue of “fair dealing”,
and the introduction of the proposed new Copyright Act, under Bill C-32. The use of
copyrighted material by faculty, students, and staff has changed, with a growing
emphasis on electronic resources.

We have previously alerted the University community to another significant


development, namely, the pending expiry of the University’s licence agreement with
Access Copyright on December 31, 2010. Instead of renewing this licence, and the
equivalent licences it has with most other post-secondary institutions, Access Copyright
has applied to the Copyright Board to certify a Tariff. The proposed Tariff would result
in substantial increases in the costs of using works (primarily print publications) in the
Access Copyright repertoire. Many believe that such an increase cannot be justified in
light of the growing significance of electronic resources, and the changing law.

The University has every intention of paying for the use made of copyrighted
material by members of our community. However, our view is that allocating the
University’s limited funds to modernizing our resources and services, rather than
perpetuating the antiquated relationship with Access Copyright, would better place our
institution in the modern world. For this reason, our institution (like many others) has
decided that it will operate outside the Access Copyright Tariff. Although some
adjustments will need to be made, we expect that the impact of this decision on the
University community will be minimal.

As a result of these developments, the University of Manitoba has participated


with other members of the Association of Universities and Colleges of Canada
(“AUCC”) in developing new guidelines which are being recommended for adoption
across member institutions. The new Guidelines can be found on the website of the
University’s Office of Legal Counsel:
http://umanitoba.ca/admin/vp_admin/ofp/legal/index.html
If you have any questions about copyright, the new Guidelines, or whether the copying
you propose to do falls within the new Guidelines, please send an inquiry to:
um_copyright@umanitoba.ca

Over the coming months, the University will continue to develop programs,
educational materials, and learning opportunities to assist members of the University
community with regard to the rapidly evolving issues around copyright.

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