Reproduction Policy

Preamble

The City of Vancouver Archives is committed to making the materials in its holdings available to as large a community as possible, without any unwarranted restrictions as to their use. For us, restrictions can go beyond just copyright. In order to facilitate the use of its materials, the Archives will reproduce copies of its holdings for patrons and in some cases allow patrons to make their own copies of materials. The reproduction of materials is done consistent with the following principles:

• Preservation of Holdings - Reproduction of Archives' materials is conditional on the reproduction activity not causing harm or increasing the likelihood of harm to materials in the Archives' holdings. The Archives may prohibit reproduction or limit the types or methods of reproduction based on concerns related to the preservation of materials in its holdings.

• Cost Recovery - Users will be charged a fee for materials reproductions in order to offset some or all of the costs associated with providing reproductions. The Archives does not charge fees contingent on how reproductions will be used (i.e. commercial licensing fees). The reproduction service is provided on a not-for-profit basis.

• Statutory Compliance - The Archives endeavors to comply with laws affecting reproduction of material in our holdings. These include the Copyright Act of Canada and the Freedom of Information and Protection of Privacy Act of British Columbia ("FOIPPA").

• Donor Intent - In some cases donation agreements place access and use conditions on materials donated to the Archives that may limit the Archives' ability to provide reproductions of materials.

• Reproductions for Fair Dealing - In keeping with the Fair Dealing provisions of the Copyright Act, single copies of the Archives' holdings required for purposes of research, private study, criticism or review may be provided to patrons. Copies of the holdings to be used for other purposes, or multiple copies, may also be provided to patrons, subject to their obtaining the authorization of the copyright owners, if applicable.

1.0 Self Copying by Archives' Patrons

This section applies to all copying of Archives materials performed by patrons.

1.1 Self Copying of Reading Room Materials

Patrons may make copies of all materials freely available in the reading room such as finding aids, reference photographs, reference books, microforms (microfilm and microfiche) and all other materials that can be accessed without having to submit a document request form to the reference archivist on duty. Copying of some items, such as city directories, may be restricted for reasons related to the handling and preservation of the items.

Patrons may make copies of reading room materials using the photocopiers and microfilm reader/printers available in the reading room. Notices referring to patrons' obligations under the Copyright Act are posted on or near all copying machines available for researcher use.

1.2 Self Copying of Requested Microform Materials

Patrons may use microform reader/printers to make copies of microform materials which they obtain by submitting a document request form to a reference archivist, subject to the following conditions:

Reproduction of requested microform records is subject to any donor restrictions that may exist preventing or governing reproduction of the materials.

For records with restricted access under FOIPPA, compliance with the policy provision "Copying of Materials Restricted under FOIPPA" (see item 3.4 below).

1.3 Self Copying Using Cameras

Patrons may make reproductions of most holdings using patrons' own cameras, including materials freely available in the reading room as well as materials requested using a document request form, provided patrons only use devices that do not come into contact with the materials being copied (i.e., patrons are not permitted to scan documents).

1.4 Responsibility of Patrons

Patrons using any of the devices in 1.1 and 1.2 to make copies are responsible for ensuring they are making legally authorized copies and are not infringing any copyrights that may exist in the works they are copying.

2.0 Copying by the Archives

This section applies to copying performed by the Archives on behalf of an Archives patron. Except for self copying by use of cameras or microform printers (as described in 1.1b and 1.2 above), Archives patrons are not permitted to make mechanical reproductions of materials obtained by a document request form and all such copying must be performed by Archives staff.

2.1 Routine Photocopying by the Archives

For routine photocopying of materials by the Archives on behalf of a patron, single photocopies of copyrighted works are provided only for purposes allowed under fair dealing. Any other uses may require permission of the copyright owner. All photocopies provided by the Archives in this manner are stamped with a notice to this effect.

2.2 Other Copying

For all other copying by the Archives, patrons must use the appropriate order form to identify themselves and the purpose for which any copies will be used.

2.3 Public Domain Materials

For materials that are determined by the Archives to be in the public domain, the Archives will make a photocopy, digital copy, print or other suitable form of reproduction of a record from the Archives holdings.

2.4 Materials whose Copyrights are Owned by the City of Vancouver

For materials whose copyrights are owned by the City of Vancouver, the Archives will make a photocopy, digital copy, print or other suitable form of reproduction of a record from the Archives holdings.

2.5 Materials whose Copyrights are Owned by Third Parties

For materials whose copyrights belong to third party owners, the Archives will make copies only under the following conditions:

• Single copies of holdings will be made and provided solely for the purposes identified as research, private study, criticism or review only (i.e. Fair Dealing permitted uses), unless multiple copies and other uses are otherwise authorized by the third-party owner. Patrons are not required to obtain permission from the copyright owner if they will be using the copies solely for Fair Dealing permitted uses. All copies provided by the Archives for Fair Dealing are stamped with a Fair Dealing notice. For materials to be publicly used for criticism and/or review, it is necessary for the patron to credit the creator and performer (if applicable) for each such use.

• If a patron intends to use the reproduction for a purpose not constituting Fair Dealing, the Archives will provide copies only if the patron first confirms in writing that the patron has received permission from the third-party owner for such intended use.

• Issues concerning Fair Dealing permitted uses may be referred to the City Archivist or their designate.

• The amount of requested copying that will be performed is subject to the discretion of the Archives. Ordinarily, requests for one copy of each item will be satisfied unless multiple copies are authorized by the copyright owner. Requests for substantial copying from written secondary sources such as texts (e.g. exceeding 5% of the volume) will be referred to the City Archivist or their designate and may be refused, unless authorized by the copyright owner.

• Patrons undertake sole responsibility for their use of copied materials, including any infringing uses, and bear sole responsibility for securing authorization from the appropriate third-party owners for uses other than Fair Dealing permitted uses.

• The Archives uses reasonable efforts to ascertain third-party owners of materials, but can not provide any warranties or representations, and disclaims all liability, as to the materials' copyright status or their ownership.

Patrons are informed of these conditions when they register with the Archives and/or purchase reproductions and must agree to them as a condition of registration or purchase.

3.0 General

This section applies to copying whether performed by the Archives' patron or by the Archives on behalf of the patron.

3.1 Reproduction and other Fees

In all cases, the Archives will charge a reproduction fee in order to offset some or all of the costs of copying the materials. If patrons require formal documentation of Archives' authorization to use materials, an additional fee may be charged for providing such documentation.

3.2 Use of Public Domain Materials

There are no restrictions on the use or reproduction by the patron of copies of material in the public domain.

3.3 Use of Materials whose Copyrights are Owned by the City of Vancouver

For materials whose copyrights are owned by the City of Vancouver, the Archives grants the patron a non-exclusive license to use the reproductions without restriction as to the nature or purpose of the use.

3.4 Copying of Materials Restricted Under FOIPPA

In all cases, copying of materials by and for Archives' patrons may be limited by the Archives' obligations under FOIPPA, and Archives' access and privacy policies and procedures. Depending on the circumstances there may be additional conditions imposed on copying these materials. Requests to reproduce these materials may require or be subject to one or more of the following:

• Completion of an "Access to Restricted Records" form

• Limitations on how the materials may be used

• A requirement to destroy the copies after use

• In the case of architectural plans, permission from the building owner

Specific details about any such requirements are provided in the relevant Archives access and privacy policies and procedures.

3.5 All Copying at the Archives' Discretion

All copying, whether performed by a patron or by the Archives on a patron's behalf, is done or permitted at the Archives' sole discretion. Reasons for refusing copying include, but are not limited to, the following:

• Donor restrictions preventing or governing copying

• Preservation reasons preventing copying

• Technological limitations preventing copying

Archives staff may revoke permission to copy any of the materials in its holdings at any time.

3.6 "As-Is" Materials

All materials are provided by the Archives for copying and use on an as-is basis, without any warranty or representation as to the materials' content, format, quality or moral rights status.

3.7 Credits

Patrons must credit the "City of Vancouver Archives" and the materials' item number, and the photographer if known, for each use of materials.

3.8 Deposit of Publication

As a condition of sale, the Archives may request a complimentary copy of any publication using reproductions of the Archives' holdings.

3.9 No Transfer of Copyright

Patrons receive only a copy of the materials, and do not acquire any interest in the ownership of the copyright or other proprietary rights in the materials.

3.10 Legal Compliance

Patrons assume sole responsibility for the materials' use and reproduction complying with all applicable laws, including, but not limited to, copyright, moral rights, neighbouring rights, defamation and privacy laws.

3.11 No Endorsement

Patrons shall not publicly represent or imply that the City of Vancouver is participating in, or has sponsored, approved or endorsed the manner or purpose of, patrons' use of the materials.