Response to article on proposed Access Copyright Post-Secondary Educational Institution Tariff, 2011-2013
In an article published on April 14, 2010 in the Edmonton Journal (New copyright fee will see students pay more for learning materials), freelance contributor Rory McGreal calls the Access Copyright proposed tariff filed with the Copyright Board of Canada a “money grab” that will have Canadian colleges and universities paying twice for using the same materials.
Access Copyright challenges Mr. McGreal’s unfounded statements. We are an organization that represents the interests of more than nine-thousand publishers, writers and visual artists. We were created to provide fair and easy access to copyright protected works while ensuring that creators and publishers are fairly compensated when their works are used.
By carelessly using the term “money grab” Mr. McGreal fails to recognize that the royalties are rightfully collected by Access Copyright and distributed to publishers and creators for the copying of their works which often takes place as a substitute for the purchasing of textbooks and other published materials.
Access Copyright’s Executive Director, Maureen Cavan has expressed her concern over Mr. McGreal’s fundamental misunderstanding of the proposed tariff. Neither Mr. McGreal nor the Edmonton Journal contacted Access Copyright to fact check the article.
Contrary to Mr. McGreal’s assertions, Access Copyright’s proposed tariff will not charge for free, previously-licensed content or uses covered by the fair dealing exception. The proposed tariff will cover uses of published materials that are not otherwise licensed by the copyright owner or the Copyright Act .
The Copyright Board’s mandate is to set a fair and reasonable rate for the reproduction of copyright-protected works. Through the tariff process, the Copyright Board will set the royalty rate to be paid for the copying of published works based on the evidence put before it by all interested parties with respect to what is being used, for what purpose it is being used, and the value of the use.
Mr. McGreal also claims that the Access Copyright tariff would not be possible in the U.S. and other countries where he claims that the fair use of content for learning is allowed free of any charges. That is a gross overstatement of the application of fair use in the U.S. The Copyright Clearance Centre in the United States licenses the reproduction of copyright-protected materials to post-secondary institutions in a very similar manner to the proposed tariff: http://www.copyright.com/viewPage.do?pageCode=ac1-n.
Finally, Mr. McGreal also criticizes the reporting provisions of the tariff. Bibliographic data is necessary to ensure that rightsholders are paid for the use of their works. The existing licence, which was negotiated with the universities and colleges, includes many of these reporting obligations.
Access Copyright remains open to continuing discussions with post-secondary educational institutions to address any issues that may arise during the tariff process.
For more information on the proposed Access Copyright Post-Secondary Educational Institution Tariff, 2011-2013, please click here.
In an article published on April 14, 2010 in the Edmonton Journal (New copyright fee will see students pay more for learning materials), freelance contributor Rory McGreal calls the Access Copyright proposed tariff filed with the Copyright Board of Canada a “money grab” that will have Canadian colleges and universities paying twice for using the same materials.
Access Copyright challenges Mr. McGreal’s unfounded statements. We are an organization that represents the interests of more than nine-thousand publishers, writers and visual artists. We were created to provide fair and easy access to copyright protected works while ensuring that creators and publishers are fairly compensated when their works are used.
By carelessly using the term “money grab” Mr. McGreal fails to recognize that the royalties are rightfully collected by Access Copyright and distributed to publishers and creators for the copying of their works which often takes place as a substitute for the purchasing of textbooks and other published materials.
Access Copyright’s Executive Director, Maureen Cavan has expressed her concern over Mr. McGreal’s fundamental misunderstanding of the proposed tariff. Neither Mr. McGreal nor the Edmonton Journal contacted Access Copyright to fact check the article.
Contrary to Mr. McGreal’s assertions, Access Copyright’s proposed tariff will not charge for free, previously-licensed content or uses covered by the fair dealing exception. The proposed tariff will cover uses of published materials that are not otherwise licensed by the copyright owner or the Copyright Act .
The Copyright Board’s mandate is to set a fair and reasonable rate for the reproduction of copyright-protected works. Through the tariff process, the Copyright Board will set the royalty rate to be paid for the copying of published works based on the evidence put before it by all interested parties with respect to what is being used, for what purpose it is being used, and the value of the use.
Mr. McGreal also claims that the Access Copyright tariff would not be possible in the U.S. and other countries where he claims that the fair use of content for learning is allowed free of any charges. That is a gross overstatement of the application of fair use in the U.S. The Copyright Clearance Centre in the United States licenses the reproduction of copyright-protected materials to post-secondary institutions in a very similar manner to the proposed tariff: http://www.copyright.com/viewPage.do?pageCode=ac1-n.
Finally, Mr. McGreal also criticizes the reporting provisions of the tariff. Bibliographic data is necessary to ensure that rightsholders are paid for the use of their works. The existing licence, which was negotiated with the universities and colleges, includes many of these reporting obligations.
Access Copyright remains open to continuing discussions with post-secondary educational institutions to address any issues that may arise during the tariff process.
For more information on the proposed Access Copyright Post-Secondary Educational Institution Tariff, 2011-2013, please click here.