An Open Letter to the Post Secondary Educational Community

Since Access Copyright proposed the Post-Secondary Educational Institutions Tariff on March 30, 2010, the tariff has been talked about in the media and in campus meeting rooms across Canada.   We have heard from many of you over the past few months and understand that the tariff has caused some confusion and frustration for many stakeholders at Canadian post secondary educational institutions.  

We hear from you that you are concerned about what will happen on January 1, 2011 when the existing licence expires.  At this point in time we don't know for certain what will happen because we are in a transition period.  However, we are working on a solution.  Access Copyright has recently filed an application with the Copyright Board to attempt to clarify both Access Copyright's and the institutions' rights and obligations as of January 1, 2011. 

Our hope is that our relationship can continue status quo until the Copyright Board makes a final decision on the tariff.  Our request of the Board is that we continue to operate as though the existing licence is still in place, permitting you to make coursepacks and day-to-day copying while reporting and paying for such uses.  We have also asked the Board to clearly authorize all new uses under the proposed tariff with no payments due until the Board makes its final decision. We believe this is the easiest and fairest way to move forward through the tariff process.  Access Copyright remains open to negotiation with post secondary educational institutions so that we can move the process forward more quickly and reduce financial and administrative uncertainty.

Access Copyright has been providing post-secondary educational institutions with a convenient and cost-effective way to meet your copying needs for over 15 years. Our services have helped enrich the post secondary school learning environment and have streamlined the permissions process by providing you with the ability to copy from millions of works so that you don't have to go through the lengthy process of contacting each individual rightsholder.

The proposed tariff involves a process that could take years to resolve.  At the end of the day, the Copyright Board of Canada will examine all the evidence put forth by all of the parties. All legal defences to the proposed tariff will be considered and decided by the Board.

Access Copyright is not claiming for works that are already licensed, or for uses that are permitted under theCopyright Act. The tariff process will identify works for which there is no other licensing arrangement or statutory permission.  We will only capture what is being used but not otherwise authorized or permitted.  

We understand that the tariff process is lengthy and can be confusing. Please be assured that Access Copyright remains open to negotiation so that we may continue to play a role in helping your institution reach its teaching and learning objectives.

Sincerley,

Maureen Cavan
Executive Director
Access Copyright, The Canadian Copyright Licensing Agency