1. In this Agreement:
(a) “Alternate Format Copy” means an audio, braille, large print (by a reprographic process), or machine readable reproduction of all or part of a Published Work produced for a person who is blind, visually impaired or unable to view normal print because of a disability.
(a.1) “Coursepack” means bound or otherwise packaged or assembled Copies of Published Works from more than one publication.
(b) “Claim” means a written statement or demand in which it is alleged that the Licensee has infringed copyright in any Published Work, including any document commencing legal proceedings.
(c) “Copy” means a visually perceivable reproduction made by any of the following processes:
(i) any copying by reprographic process which includes facsimile reproduction by photocopying and xerography;
(ii) duplicating from a stencil;
(iii) copying onto microform (including microfilm and microfiche);
(iv) for the sole purpose of making presentations by overhead, slide or LCD projection, digital copying, copying by transcription by hand or drawing (including tracing) onto acetate or other media;
(v) for the sole purpose of making paper copies,
a. typing or word-processing without adaptation, and
b. reproduction by a machine or device that makes Electronic Files, subject to clauses 2.1 to 2.3 of this Agreement;
(vi) facsimile transmission and transmission by VideoTelecom; and
(vii) without limitation to the technology used, digital transmission for the purposes of interlibrary loan.
(c.1) “Electronic File” means each file in digital format created as a result of making Copies pursuant to clause 2(a), 2(b) or 2(c) of this Agreement.
(d) “Exclusions List” means the list of Published Works which forms Schedule A to this Agreement.
(e) “FTE” means, subject to clause 17 herein, the sum of:
(i) the number of full time Students of the Institution reported by the Institution to Statistics Canada for the academic year immediately preceding the academic year in which payment is made; and
(ii) the quotient obtained by dividing 3.5 into the number of part-time Students of the Institution, reported by the Institution to Statistics Canada for the academic year immediately preceding the academic year in which payment is made.
(f) “Index” means the All-items (goods and services) category of the Consumer Price Index for Canada set by Statistics Canada
(g) “Library Worker” means any individual including any professional librarian, Student, Professor, volunteer or assistant working in a library which forms part of or is associated with the Licensee.
(h) “Licensee” means the Institution and each employee of the Institution, Student, Professor, Library Worker, volunteer and all other persons authorized or represented by the Institution for the purpose of this Agreement, including each person and body listed in Schedule B to this Agreement.
(i) “Page” means a page of a Published Work.
(j) “Professor” means each professor, researcher, instructor, demonstrator, teaching or research assistant, lecturer or other person who provides instruction to Students and who is affiliated with the Licensee.
(k) “Published Work” means a literary, dramatic, artistic or musical work of which copies have been issued to the public with the consent or acquiescence of the copyright owner in a publication such as a book, folio, magazine, journal, newspaper or other periodical.
(l) “Repertoire” means all Published Works for which Access Copyright has the right to grant licences in Canada.
(m) “Reproduction Rights Organization” means an entity that carries on the business of collective administration of reproduction rights in a repertoire of Published Works on behalf of copyright owners, including a “collective society” as defined in the Copyright Act R.S.C. 1985 c.C-42, as amended.
(n) “Sampling Survey” means a survey designed to gather bibliographic information and volume data on Copies made pursuant to clause 2(a) of this Agreement and conducted in accordance with the sampling protocol to be agreed upon between Access Copyright and the Association of Universities and Colleges of Canada.
(o) “Student” means each person enrolled in an educational, cultural or recreational activity including distance education or a correspondence course taking place on the premises of, or being administered or operated by, the Institution.
(p) “Textbook” means a book produced primarily for the educational market, and which may include one or more of the following:
(i) any of the following words in its title: Introduction to; Fundamentals of ; Essentials of; or
(ii) reference to an edition, such as 3rd Edition; or
(iii) pedagogical features, such as exercises, question sets, cases, boxed items, or chapter learning objectives; or
(iv) an accompanying learning aid such as a study guide, lab manual, teacher guide or solutions sets.
(q) Unless the context of this Agreement requires otherwise, the singular number shall include the plural and vice versa and the verb shall be construed as agreeing with the word so substituted.
