Copyright Board of Canada Issues Reasons for Granting Interim Tariff

On March 16, 2011, after careful consideration of arguments and concerns from all interested parties, the Copyright Board of Canada has issued reasons for its December 23, 2010 decision to grant the Access Copyright Interim Post-Secondary Educational Institution Tariff, 2011-2013.  As a result of this interim tariff, post-secondary educational institutions may make photocopies from portions of published works on the same terms as the institutions' previous licence agreements with Access Copyright, while ensuring that creators and publishers continue to be fairly compensated for the use of their works.

Highlights from the Copyright Board of Canada's Decision:

• The Copyright Board of Canada clarifies a fundamental principle of copyright law: users must seek permission before use.

"The onus is on users to determine whether a contemplated use requires a licence and if so, to seek the copyright owner and ask for permission before any such use" (paragraph 40 of the Decision).

• Access Copyright was recognized by the Copyright Board of Canada for its efforts to negotiate a licence before applying for a tariff.

The Copyright Board examined the history of the relationship and negotiations between Access Copyright and the Educational Institutions and found that Access Copyright had acted reasonably during the process.  It was reasonable for Access Copyright to file a tariff, given the lack of effort from the AUCC to negotiate with Access Copyright.

". . . it takes two to tango.  In this case the Institutions have refused to even walk to the dance floor" (paragraph 92 of the Decision).

• The royalties at stake in the interim tariff are critical for rights holders.

The Copyright Board stated that, "One of the objects of the Act is to ensure that rights holders get paid for the protected uses of their works" (see paragraph 36 of the Reasons). The interim tariff preserves the existing infrastructure, ensuring that rights holders will get paid when their works are used, "before Institutions, staff and students make unlicensed protected used [sic] [uses]" (paragraph 110 of the Decision).

Please direct all inquiries regarding the Interim Tariff to Jennifer Lamantia, Manager, Education Licensing at jlamantia@accesscopyright.ca or 416-868-1620 ext. 342 (or toll free at 1 800 893-5777 ext. 342) or tariffs@accesscopyright.ca.

For more information regarding the Access Copyright Interim Post-Secondary Educational Institution Tariff, 2011 - 2013, please click here.