From: Sean Patrick Maguire

To: Boisjoly-Letourneau, Karine (CB/CDA)

Cc: Claire Gillis (cgillis@accesscopyright.ca); Jessica Zagar (jzagar@accesscopyright.ca); McDougall, Gilles (CB/CDA);
Campanella, Nadia (CB/CDA)
Subject: Re: Access Copyright – Post-Secondary Educational Institutions (2011-2013 and 2014-2017) - Notice [CB-CDA
2019-007]
Date: February-28-19 8:44:38 PM

On February 6, the Board requested that the parties consider two draft Tariffs for the periods 2011-
2014 and 2015-2017 (“the Draft Tariffs”). The Board requested that the Parties comment on the
feasibility and clarity of the terms of the Tariff.

Terms of the Draft Tariffs

Overall, as a student, my interests lie in the costs and terms and conditions associated with the
making and using of Copies, as defined in the Draft Tariffs, and more specifically in the “Grant of
Rights” section of the Draft Tariffs. Obviously, I cannot comment on the cost element at this time.

By and large, I find that the Draft Tariffs are feasible and clear in interpretation, and should allow
educational institutions and library staffs to explain to students what they can and cannot copy
under the application of the Draft Tariffs (should these or similar terms be applied into the current
period).

That said, I have one concern I wish to draw to the attention of the Board. In section 3(d) of the
2011-2014 Draft Tariff, and in section 3(2) of the 2015-2017 Draft Tariff, a reference is made to “in
any one Academic Year” and “in the same Academic Year”. As I have mentioned previously, graduate
students in particular will make a Copy of an article and retain that copy throughout the writing of
their thesis, which can last for many years. Frankly, I don’t see the benefit of specifying a limit within
an academic year, and removing these references allows graduate students (and others) to retain
Copies for use across their entire Course of Study, as defined in the Draft Tariffs.

Thus, I would suggest that:

Section 3(d) of the 2011-2014 Draft Tariff be amended to read “This Tariff does not authorize the
Copying of the same Repertoire Work beyond the limits set out in this section for any one Course of
Study.”

Section 3(2) of the 2015-2017 Draft Tariff be amended to read “This Tariff does not authorize
Copying from the same Repertoire Work for the same Course of Study beyond the limits set out in
section 3(1)”.  (Note that the limits are all set out in section 3(1), and so I have specified this for
clarity).

General Implementation Issue

I do have more general issue regarding the implementation of the Draft Tariffs. As the Board knows,
a number of universities and colleges across Canada imposed fees on students to pay for the
amounts that were related to the Interim Tariffs that the Board approved at the end of 2010.  Many
university students over the years have paid these fees (myself included).

Assuming that the rates in the final approved Tariffs are lower than the amounts from the 2010
Interim Tariffs, is it within the perview of the Copyright Board to ensure that universities and
colleges receive any surplus amount that they may have already paid Access Copyright with respect
to the Interim Tariffs?  Doing so would then allow students and former students to seek those
surplus amounts directly from the universities and colleges, either through voluntary payments to
students, or perhaps via class actions against the universities and colleges.
In the alternative, should the rates in the final approved Tariffs exceed the amounts provided for
under the Interim Tariff, what mechanisms would need to be incorporated to ensure that
universities and colleges provide funds to make Access Copyright whole, in the sense that the
correct amounts from the final approved Tariffs are, in the end, received by Access Copyright?

In conclusion, I would appreciate the opportunity to comment on Access Copyright’s responses to

the February 6 Notice of the Board (just as Access Copyright may wish to comment on my comments
here).

Best regards,

Sean Maguire 

On Wed, Feb 6, 2019 at 3:57 PM Boisjoly-Letourneau, Karine (CB/CDA) <Karine.Boisjoly-

Letourneau@cb-cda.gc.ca> wrote:

[CB-CDA 2019-007]

NOTICE OF THE BOARD

The Board wishes to consult Parties on issues of tariff wording before proceeding to
certification.

More specifically, the Board seeks comments on the two attached draft tariffs, for the
periods of 2011-2014 and 2015-2017. The text of these tariffs is based, respectively, on the
2012 AUCC Model Licence (Exhibit AC-2V), and the University Three-Year Premium
Licence (Exhibit AC-23N).

Portions of the tariffs in respect of rates and interest factors have not been included in the
attached versions.

Parties shall comment on the feasibility and clarity of the terms of the tariff.

Comments shall be filed by no later than Thursday, February 28, 2019.

 
 

Karine Boisjoly-Létourneau

Assistant Clerk¦Greffière adjointe

Copyright Board of Canada¦Commission du droit d’auteur du Canada

56 Sparks, Suite¦Bureau 800

Ottawa ON K1A 0C9

Telephone¦Téléphone 613.948.7257

Karine.boisjoly-letourneau@cb-cda.gc.ca

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