The University of Toronto agreement with Access Copyright does not limit the fair-dealing rights of any of us. Anybody can use a portable scanner to copy material according to the appropriate limits of fair dealing.
Noel McFerran, 19/11/2008
---------------------------------------------------------------------------------
I found the following at a Waterloo library website.
http://www.lib.uwaterloo.ca/copyright/#basics13
Using the rationale below, it would seem that the Access license is only invoked if Fair Dealing does not apply.
"The University has a licence with Access Copyright which, within the limits described in the following paragraph, allows professors, students and staff to make photocopies of print works (books, journal articles etc.) where the copying is not permitted under fair dealing or another exception in the Copyright Act. Taken together, fair dealing, exceptions in the Copyright Act, licences with publishers and the Access Copyright licence generally allow you to photocopy what you need for ordinary educational activities."
Re: scanning
"Please note that the Access Copyright licence only covers photocopying. It does not cover scanning. Accordingly, if you want to scan something and use it in your research or study, you may only do so if this is permitted under an exception in the Copyright Act such as fair dealing."
So from this, scanning would be allowed under fair dealing:
"Fair dealing is an exception in the Copyright Act which allows you to use other people’s copyright material for the purpose of research, private study, criticism or review, provided that what you do with the work is ‘fair’."
Gail Nichol, 19/11/2008