Reproduction of copyrighted works by CEGEPs and colleges

COPIBEC, acting on behalf of authors and publishers, has concluded an agreement with the Fédération des cégeps du Québec and the Association québécoise des collèges privés concerning the reproduction of literary works in Quebec CEGEPs and colleges between 2025 and 2028.

Terms of the agreement:

Users in CEGEPs and colleges have been issued a comprehensive license to reproduce excerpts from a wide range of copyrighted works from Canada and other countries.

CEGEPs and colleges have to respect copying limits and pay royalties to rights holders for the reproduction of their works.

Types of copying allowed

The COPIBEC license gives CEGEPs and colleges access to a wide range of copyrighted works such as books, newspapers and periodicals. However, the license does not authorize the reproduction of unpublished works, sheet music, exercise books or manuals. ln addition, works and categories listed in COPIBEC’s Exclusions list are not covered https://www.copibec.ca/en/repertoire-exclusion-cegep

ln this context, the word “reproduction” 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.

The license refers only to reproductions made for educational purposes (pedagogical, educational or similar activities, including information sessions, workshops, correspondence courses, televised teaching, seminars, examinations, conferences and symposiums.)

Under the COPIBEC license, users in CEGEPs and universities are authorized to reproduce a certain portion of a work. Please abide by the usage reproduction limits allowed by COPIBEC.

Digital reproduction

The 2025-2028 agreement also authorizes CEGEPs and colleges users to reproduce works electronically. lt is allowed to put protected material on a course management system (access limited to the students and personel – ex.: Omnivox, Moodle, TEAMS, Google Classroom, etc.) 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) or sending it by external e-mail (such as Gmail, Hotmail or Yahoo) is prohibited

Specific authorization for reproduction

ln order to make copies beyond the authorized limits, users in CEGEPs and colleges have to obtain specific authorization from COPIBEC in advance. Any request to copy more than 20% of a copyrighted work is referred to the rights holder.

Collecting data on copied works

Reports are submitted by the Printshop

ln 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 method based on a statistical model adapted to the institutions’ profile.

From July 2025 to June 2028, CEGEPs and college that have more than 700 full-time students have to report their copies every year.

Copies not included

Copying data should not include loose-leaf handouts, copies made under a specific authorization and copies made from a work in the public domain. ln 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.

What is a work in the public domain?

A literary work is considered in the public domain at the end of a 70 year period following the death of the author or, in the case of joint authorship, at the end of a 70 year period following the death of the last living author. 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. ln 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.

Prior to January 2023, copyright protection lasted 50 years following the death of the author, instead of 70. Works that became part of the public domain before December 31, 2022 remain in the public domain.

Checking contents of course packs

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 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, photos, etc.) so that royalties can be distributed to rights holders.

Other requirements of the agreement

On each copy or set of copies, users in CEGEPS and colleges must indicate the name of the author and publisher, title of the work, date of publication, ISBN or ISSN number as well as the page numbers copied.

For example: Source with Two Authors or Editors

Bernard Berelson and Gary A. Steiner, Human Behavior: An lnventory of Scientific Findings (New York: Harcourt Brace & World, 1964), pp. 282-84. Total pages: 400. ISBN: 1-55016-653-X

For example: Magazine Article

Lise 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

Check List

The first page of every item must list the bibliographic citation. ln 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.

1. ls the item on the exclusion list?

If yes, the item may not be included in the course pack, unless permission is given directly by rights holder.

2. ls the item copyright free?

If 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.

3. ls the item in the public domain?

A work in the public demoin is the “straight text”. lt cannot contain an introduction, preface, forward, footnotes, explanatory notes, etc. which are attributable to an editor, publisher, etc. If using a public demoin web site, either cite the web site address or if possible supply the “public domain” statement as part of the reproduction.

4. ls the bibliographic citation on the item to be reproduced?
5. Has the teacher filled out the separate bibliographic citation form?
6. The license does not authorize the reproduction of exercise books/manuals except for short extracts required for final examinations

Prohibited

The photocopying of pages of a work when added up will exceed the limits.

This regards an instructor who put in several requests over the semester for pages out of the same book (incremental photocopying).

Contact

If you have any questions regarding course packs and COPIBEC, you can contact Eastman at info@eastman.ca.