UWOFA Matters
UWOFA's Response to Access Copyright Agreement
By now many of you are aware that Western has, with the University of Toronto, entered into an agreement with Access Copyright (AC), the licensing body responsible for regulating the reproduction and use of copyrighted materials in the education sector. As reported by a recent Chronicle of Higher Education blog, there is growing criticism of this decision, including a critique from the CAUT.
I concur with CAUT's statement and, what is more, people who specialize in the areas of copyright law, fair-dealing, and the education sector do as well. I invite you to consider the analyses of our own Sam Trosow, the U of T's Ariel Katz, and Ottawa copyright lawyer Howard Knopf on this matter.
Among other troubling issues, the new Access Copyright agreement sets in motion a process that could eventually permit audits of faculty and librarian & archivist email to ensure compliance and accounting inventory with the terms of the agreement. Under these terms, the URL links above have been defined as instances of digital reproduction or "copying", and so this and every other email containing URL linking protocols could be subject to audits by the University and/or Access Copyright.
Between more or less redefining what it means to make a copy on the one hand, and offering access to faculty, librarian & archivist and student email accounts on the other, I am disappointed that the senior administration chose not to consult more broadly. Although there was a working group struck to discuss AC concerns in a consultative and mutually problem-solving fashion, it was not involved in this decision.
UWOFA will be scrutinizing the agreement to ensure it is consistent with the Collective Agreements and other applicable regulations, including privacy laws.
I have communicated my concerns directly to the Provost, and have further explicitly requested that UWOFA be at the table to discuss implementation and renewal issues moving forward.
In the meanwhile, if you have any concerns, please do not hesitate to contact me.
Sincerely,
Bryce Traister
President, UWOFA