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Access Copyright, The Canadian Copyright Licensing Agency

Submitted by admin on Tue, 04/06/2010 - 12:56
Access Copyright, The Canadian Copyright Licensing Agency
69 Yonge Street Suite 1100
Toronto, Ontario
M5E 1K3
Canada
Phone
+1 416 868 1620
Fax
+1 416 868 1621
Website
http://www.accesscopyright.ca
Chief Executive Name
Roanie Levy
Chief Executive Title
President and CEO
Chief Executive Phone
416 868 1620 ext. 233
Chief Executive Email
Key representative
Claire Gillis
Title
Chief Business Affairs Officer
Key representative
Michael Andrews
Title
Chief Operating Officer
Key representative
Sapanpreet Singh Narang
Title
Chief Innovation Officer
Key representative
Asma Faizi
Title
General Counsel
History of the organisation
For over 30 years Access Copyright has facilitated content use for educational and professional purposes. We have helped people make customized use of published materials combined with an assurance that the original creators and publishers also benefit, so that they can continue creating new and innovative works. This is vitally important to a strong Canadian culture and to all who rely on quality publications.
Year of incorporation
1988
Year of first distribution
1992/93
Year of first collection
1990
Total number of Board Members
11
How are Board Members elected
Board Members are elected by Member Organizations (Associations) at Annual General Meeting. The President & CEO is appointed to the Board by the Board directors.
Total number of Author Representatives
0
Total number of Publisher Representatives
0
Remarks about the Board
An elected Nominating Committee recruits prospective directors to the Board who stand for election at the AGM. Currently, the Board includes broad representation from the writing, visual artist, publisher, technology, start-up, blockchain, academia, business and education communities.
Total Number of Member Associations
34
Total Publishers' Associations
16
Total Creators' (authors and visual artists) Associations
18
Total Rights holders represented
13 345
Remarks about the members
Creators - 12674
Publishers - 671
Staff total number
26
DATES OF FINANCIAL YEAR
January 1 - December 31
Type of National legislation
Common Law
Other Law
Canada has both Civil Law (Quebec) and Common Law (rest of Canada) systems of law. The Federal Court enforces both regimes.
Licensing system
Voluntary Licencing with legal back-up
REPROGRAPHIC LICENCES - Types of works licensed
Literary, dramatic, musical and artistic published works in the form of books, magazines, journals and newspapers.
Types of uses licensed
Comprehensive and transactional licences for photocopying, printing, facsimilie and other reprographic uses, including for inclusion in course packs and document delivery.
Types of institutions/sectors licensed
Public and private post-secondary and K-12 educational institutions, language and tutorial schools and programs, business organizations (which includes corporations, not-for-profit organizations and charities), copyshops, government (including Federal, Provincial and municipal governments) and libraries.
DIGITAL LICENCES - Types of works licensed
Literary, dramatic, musical and artistic published works in the form of books, magazines, journals and newspapers.
Types of uses licensed
Comprehensive and transactional licences for scanning, distributing and transmitting (including by email), posting to secure networks, accessing, saving, storing, cacheing, displaying, uploading and downloading, including for inclusion in course packs and document delivery.
Types of institutions/sectors licensed
Public and private post-secondary, business organizations (which includes corporations, not-for-profit organizations and charities), government (including Federal, Provincial and municipal governments).
OTHER LICENCES - Public Lending Rights
off
Other areas of licensing
Unlocatable Copyright Owner regime (i.e. orphan works) in association with the Copyright Board of Canada.
Outline of Distribution plan and methodology used
Generally based on last year's revenues, net of admininstrative withholding percentage
Distribution methods
Title-specific distribution
Non title-specific distribution
Both title-specific distribution and non title-specific distribution
Full reporting
Sampling
Statistical surveys
Other distribution method
Repertoire Fund payments for Publishers and Creators (Payback for Creators)
Administration costs as a percentage
42%
Are deductions for cultural and/or social purposes made?
no
Remarks about cultural an social deductions
Deduction for Access Copyright Foundation cultural fund suspended in 2013.
New developments / legislation
The Copyright Modernization Act, which came into force in November 2012, includes a requirement that the Federal Government review the Act every five years. In December 2017, the government launched its review of the Act. In May and June 2019, the two federal committees responsible for conducting the review – the Standing Committee on Industry, Science and Technology (INDU), and the Standing Committee on Canadian Heritage (Heritage) – released reports summarizing their conclusions and recommendations. The Heritage Committee report acknowledged the negative impact of the education sector’s broad interpretation of education as an allowable purpose to fair dealing on Canadian creators and publishers. They made several recommendations to address this, including amending the Act so that fair dealing would not apply to educational institutions when a work is commercially available, promoting a return to collective licensing, and harmonizing remedies available to collectives. The Heritage Committee also recommended reviewing the exceptions in the Act to ensure they respect section 9 of the Berne Convention. The INDU report found the education sector’s bright-line approach to fair dealing to be problematic and recommended that the government facilitate discussions between the education sector and collectives to arrive at a more sustainable solution.
Under the Canada-United States-Mexico Agreement (CUSMA), Canada has agreed to extend, by the end of 2022, its general copyright term of protection from 50 to 70 years after the life of the author. On Feb 11th, 2021 the Federal Government announced that the Minister of Innovation, Science and Industry and the Minister of Canadian Heritage launched a public consultation to consider whether to adopt accompanying measures to mitigate the potential implications of this longer term of protection. This consultation will be informed by the recent parliamentary review of the Copyright Act, and will support the development of a copyright framework that promotes a healthy marketplace. The consultation will provide the public and interested stakeholders with an opportunity to discuss possible impacts and to consider measures that may address potential implications of the extended term of copyright protection. Participants have until March 12, 2021 to submit comments. Following the consultation, responses will be published online and will inform the policy development process. The government is also reviewing recommendations stemming from the parliamentary review of the Copyright Act and will hold additional consultations on a modern framework for online intermediaries and a modern framework for artificial intelligence and the Internet of Things by summer 2021.
New developments / court cases
On July 12, 2017, the Federal Court of Canada issued its decision in the action between Access Copyright and York University. Access Copyright brought this proceeding to uphold the rights of the creators and publishers of printed and digital works it represents. The Court held that the copying policies adopted by York (including its Fair Dealing Guidelines) were not fair in either their terms or application and that Access Copyright’s tariffs issued by the Copyright Board of Canada are mandatory and cannot be “opted out” of. York appealed the decision and the appeal was heard by a panel of three judges of the Federal Court of Appeal on March 5 and 6, 2019. On April 22, 2020, the Federal Court of Appeal issued its decision related to York’s appeal of the 2017 lower-court decision. The Court upheld the lower court’s decision that the fair dealing guidelines adopted by York, which are virtually identical to the policies adopted across the education sector, do not meet the Supreme Court of Canada’s test for fair dealing. The Court, however, reversed the lower court’s decision that tariffs approved by the Copyright Board are binding and enforceable against users who make unauthorized uses of works covered under the tariff. On June 22, 2020 Access Copyright filed an application with the Supreme Court of Canada for leave to appeal the Federal Court of Appeal’s decision with respect to the issue of the enforceability of tariffs. York University also filed an application for leave to appeal—specifically, the Federal Court of Appeal’s finding that its fair dealing guidelines are not fair. The Supreme Court announced on October 15 that it will hear both appeals. A hearing date of May 21, 2021 has been set and it is estimated that a decision will be issued in the hearing by the end of 2021 or early 2022.

In July 2018, Access Copyright served and filed its statement of defense and counterclaim in the action commenced by all school boards in Ontario and most Ministries of Education (together, the “Consortium”). The Consortium claims that the elementary and secondary school sector (K-12 sector) overpaid fees for the copying of published works for the years 2010 to 2012 and seeks the return of those fees. Access Copyright counterclaimed for payment of royalties owed for the period commencing January 1, 2013 onward on the basis that the Consortium has copied works that require them to pay tariffs certified by the Copyright Board of Canada and have failed to make those payments. The Consortium served their reply and defense to counterclaim in August 2018. On December 14, 2018, the Consortium brought a motion to put the action on hold until the determination of the York appeal. The motion was not successful on March 14, 2019 and the proceeding continues to move forward.

New developments / licensing
In January 2016, Access Copyright participated in a week-long hearing before the Copyright Board of Canada on the 2011-2013 and 2014-2017 tariffs for universities and colleges. Universities and colleges withdrew and refused to participate in the hearing. In February 2019, Access Copyright received a notice from the Copyright Board of Canada requesting input on wording of the post-secondary tariffs. Access Copyright made submissions to the Copyright Board. The Copyright Board allowed certain “affected persons” to make submissions and the process of submissions were completed in May, 2019. We expect the Copyright Board’s decision will be issued within the next few months. A proposed K-12 school tariff for the years 2020-2022 was filed in March 2019.
Number of Bilateral agreements type A
23
Bilateral agreements type A with
BCopy, CAL, CCC, CEDRO, CFC, CLL, COPIBEC, CLA, CLASS, CopyDan, CopyRus, DALRO, HKRRLS, ICLA, JAACC, Kopinor, KOPIOSTO, NLA, ProLitteris, Reprobel, SIAE, Stichting Reprorecht, VG Wort
Number of Bilateral agreements type B
7
Bilateral agreements type B with
CADRA, CeMPro, Fjölís, JAMCOPY, OSDEL, REPRONIG, TTRRO
Other agreements with RROs
12 digital bilateral agreements with: BCopy, CAL, CCC, CEDRO, CLA, CLL, COPIBEC, CopyDan, DALRO, HKRRLS, NLA, ProLitteris
Total amount collected for all licensing
11 378 000.00
Total amount collected for reproduction licensing
11 378 000.00
Total amount collected nationally for reproduction licensing
9 171 000.00
Amount for schools
1 199 000.00
Amount for further education
0.00
Amount for higher education
2 095 000.00
Amount for government
965 000.00
Amount for business
3 866 000.00
Amount for other sector(s)
0.00
Levies on equipment and other mediums
0.00
Total amount collected for PLR
0.00
Total amount received for licensing from other RROs world-wide
3 253 000.00
Total amount received for reproduction licensing from other RROs world-wide
3 253 000.00
Total amount distributed from all licensing
7 672 311.00
Total amount distributed from reproduction licensing
7 672 311.00
Total amount distributed to national rightsholders
5 141 000.00
Total amount distributed to national rightsholders from reproduction licensing
5 141 000.00
Total Amount distributed to foreign RROs
2 532 000.00
Total amount distributed from PLR
0.00
Administration Charge (actual figure)
5 096 000.00
Please select your currency
Canadian Dollar