Post Tagged with: "access copyright"

University of Alberta Looking to Walk Away from Access Copyright

The momentum within Canadian higher education to walk away from Access Copyright in light of its demands for a massive increase in tariffs continues to grow. The University of Alberta, one of the country’s largest universities, has apparently sent notices that it is seriously contemplating walking away at the end […]

November 18, 2010 — 4 comments — News

Copyright Board Rejects Access Copyright Attempt to Exclude

The Copyright Board of Canada has issued a preliminary decision indicating that it is rejecting the attempt by Access Copyright to exclude many intervenors to the proceeding on the university and college tariff. The Board indicated that faculty, students, and staff should be permitted to participate as objectors. The decision […]

November 16, 2010 — 1 comment — News

Access Copyright Plea to Negotiate Too Little, Too Late

Howard Knopf has another post on Access Copyright and its effort to exclude 99 objectors to its tariff and to convince the Copyright Board of Canada to issue an “interim tariff” so that an important source of revenue continues to flow even as the collective demands a massive increase in fees. Knopf points to the many legal reasons why the interim request should be rejected in his post, which comes just as Access Copyright posts a open letter to the post-secondary education community. The letter claims that many in the education community are confused and frustrated by the current situation and professes to remain “open to negotiation so that we may continue to play a role in helping your institution reach its teaching and learning objectives.”

The letter has an air of desperation (not to mention hypocrisy given that it is addressed to the post-secondary education community, many of whom Access Copyright is seeking to exclude from the tariff hearings) as the realization sets in that the tariff process has emerged as the catalyst for many to rethink the need for the Access Copyright licence. Much like any insurance policy, if the price is right and the policy provides value, consumers are willing to pay the annual premium. When prices skyrocket and doubts emerge about the value of the policy, consumers tend to think about alternatives.

November 12, 2010 — 19 comments — News

Access Copyright to the Supreme Court: No Need for Greater Fair Dealing Certainty

With Bill C-32 heading for second reading tomorrow, the inclusion of education as a fair dealing category looms as one of the big issues. Groups such as Access Copyright oppose the reform and argue that legislative guidance on the scope of fair dealing is needed. It turns out, however, that Access Copyright is prepared to argue precisely the opposite position when it suits. This past summer, the copyright collective won a major fair dealing case at the Federal Court of Appeal, leading some education groups to seek leave to appeal the decision to the Supreme Court of Canada. Access Copyright is opposed to the leave application and its memorandum to the court says the current six part fair dealing test is good enough. In particular, it argues:

November 1, 2010 — 18 comments — News

The Latest on Access Copyright: Time to Decline the Coverage

Howard Knopf posts an exceptionally important update on the latest developments in the Access Copyright tariff proposal, including the attempt by the copyright collective to exclude 99 of the 101 objectors to its proposal and subsequent demand for an interim tariff to be set by the Copyright Board that would keep the cash flowing even without a formal agreement in place. Knopf points to many legal shortcomings in the Access Copyright position, most notably the serious questions about its repertoire and its ability to actually sue successfully for copyright infringement.

The latest developments further point to growing sentiment on Canadian campuses that it is time for post-secondary education to decline the coverage by walking away from Access Copyright. Since this statement is bound to be mischaracterized as advocating not paying for the rights to use works, let me repeat what I consistently stated this summer. The decision to walk away is not an effort to avoid paying appropriate rights fees. Rather, it is based on the recognition that a collective licence is not the only way for a university to appropriately compensate for use.

November 1, 2010 — 24 comments — News