Canada Gazette, Part I, Volume 153, Number 49: Statements of Royalties to Be Collected for the Reprographic Reproduction, in Canada, of Works in Access Copyright’s Repertoire for the Years 2011 to 2014 and for the Years 2015 to 2017

December 7, 2019

COPYRIGHT BOARD

Statements of Royalties to Be Collected for the Reprographic Reproduction, in Canada, of Works in Access Copyright’s Repertoire for the Years 2011 to 2014 and for the Years 2015 to 2017

In accordance with section 70.1 of the Copyright Act, the Copyright Board has approved and hereby publishes the statements of royalties to be collected by the Canadian Copyright Licensing Agency (Access Copyright) for the reprographic reproduction, in Canada, of works in its repertoire by post-secondary educational institutions and persons acting under their authority.

Ottawa, December 7, 2019

Lara Taylor
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613‑952‑8624 (telephone)
613‑952‑8630 (fax)
lara.taylor@cb-cda.gc.ca (email)

STATEMENT OF ROYALTIES TO BE COLLECTED BY THE CANADIAN COPYRIGHT LICENSING AGENCY (ACCESS COPYRIGHT)

For the reproduction and authorization to reproduce in Canada, in 2011, 2012, 2013 and 2014, the works in Access Copyright’s repertoire by post-secondary educational institutions and persons acting under their authority.

1. Short Title

This tariff may be cited as the Access Copyright Post-Secondary Educational Institution Tariff, 2011-2014.

2. Definitions

For the purposes of this tariff, the following definitions apply:

• “academic year” means the 12-month period from September 1 to August 31; (« année scolaire »)
• “alternate format copy” means an audio, Braille, large print (by a reprographic process) or machine-readable reproduction of all or part of a published work; (« copie sur support de substitution »)
• “authorized person” means
  • (a) a student; or
  • (b) a staff member; (« personne autorisée »)
• “authorized purposes” means all purposes within, or in support of, the mandate of the educational institution; (« fins autorisées »)
• “copy” means any reproduction of a repertoire work, in any material form whatever, including a digital copy, that is made by, as a consequence of, or for the purpose of any of the following activities:
  • (a) reproducing by a reprographic process, including reproducing by photocopying and xerography;
  • (b) scanning a paper copy to make a digital copy;
  • (c) printing a digital copy;
  • (d) transmitting by electronic mail or fax;
  • (e) storing a digital copy on a local storage device or medium;
  • (f) posting or uploading a digital copy to a secure network or storing a digital copy on a secure network;
  • (g) transmitting a digital copy from a secure network and storing it on a local storage device or medium;
  • (h) projecting an image using a computer or other device; and
  • (i) displaying a digital copy on a computer or other device; (« copie »)
• “copying” means making a copy; (« copier »)
• “course collection” means, for use by an authorized person as part of a course of study, and whether for required or recommended reading for the course of study or otherwise:
  • (a) paper copies or digital copies of published works assembled into course packs; or
  • (b) digital copies of published works that are posted on, uploaded to, or stored on a secure network; (« ensemble de cours »)
• “course of study” means a course, unit or program of academic, continuing, professional, or vocational study administered or hosted by the educational institution; (« cours »)
• “digital copy” means a reproduction in any digital form including optical or electronic format; (« copie numérique »)
• “educational institution” means an institution located in Canada (except in the province of Quebec) that provides post-secondary, continuing, professional, or vocational education or training; (« établissement d’enseignement »)
• “full-time-equivalent student” means a full-time student or the equivalent of one full-time student of the educational institution; (« étudiant équivalent à temps plein »)
• “FTE determination date” means the date as of which the number of full-time-equivalent students is calculated by the educational institution for any given academic year; (« date de détermination de l’ETP »)
• “library patron” means any person who is entitled to in-person or remote library privileges at the educational institution, excluding a student or a staff member; (« utilisateur de la bibliothèque »)
• “published work” means a literary, dramatic or artistic work protected by copyright in Canada, of which copies have been made available to the public with the consent or acquiescence of the copyright owner, but excludes a musical work; (« œuvre publiée »)
• “repertoire work” means a published work for which Access Copyright has been authorized to collectively administer the making of copies; (« œuvre du répertoire »)
• “secure network” means an electronic network, Internet or cloud-based storage service that is operated by the educational institution, or operated for and subject to the control of the educational institution (such as a network hosted by a third party and/or accessible through a web interface) and that is only accessible by an authorized person authenticated by a user name and password or other equally secure method; (« réseau sécurisé »)
• “staff member” means, in respect of the educational institution,
  • (a) an instructor, lecturer or sessional lecturer;
  • (b) an assistant, associate, full, visiting, adjunct replacement or seconded professor;
  • (c) a teaching or research assistant, tutor, fellow or postgraduate fellow;
  • (d) a demonstrator, proctor, invigilator, or marker;
  • (e) a librarian or library assistant;
  • (f) a lab monitor, clinical instructor or clinician;
  • (g) a counsellor;
  • (h) an academic administrator;
  • (i) a medical resident;
  • (j) administrative support staff for any of the positions above;
  • (k) any other person in a position essentially comparable to any of those listed above; and
  • (l) any employee, regardless of his or her position,
• in each case whether the person in question is paid or unpaid; (« membre du personnel »)
• “student” means a person registered or engaged in a course of study; (« étudiant »)
• “university” means an educational institution that
  • (a) is specifically recognized as a “university” under Canadian law;
  • (b) is accepted as a member institution of the Association of Universities and Colleges of Canada or Universities Canada;
  • (c) is accredited as a university by a recognized accreditation body; or
  • (d) has 50 per cent or more of its students enrolled in degree programs requiring three or more years of full-time study. (« université »)

3. Grant of Rights

(1) This tariff entitles an educational institution or an authorized person, for any authorized purpose, to

• (a) make a copy of up to 10 per cent of a repertoire work;
• (b) make a copy of up to 20 per cent of a repertoire work as part of a course collection; or
• (c) make a copy of a repertoire work that is
  • (i) an entire newspaper or periodical article,
  • (ii) an entire page of a newspaper or periodical,
  • (iii) a single short story, play, poem, essay or article from a published work that contains other published works,
  • (iv) an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work,
  • (v) an entire reproduction of an artistic work (including any drawing, painting, print, photograph or other reproduction of a work of sculpture, architectural work or work of artistic craftsmanship) from a published work that contains other published works, or
  • (vi) one chapter, provided it is no more than 20 per cent of a book, for any library patron.

(2) This tariff entitles an educational institution, an authorized person, or a library patron, for any authorized purpose, to

• (a) make a copy of up to 10 per cent of a repertoire work; or
• (b) make a copy of a repertoire work that is
  • (i) an entire newspaper or periodical article,
  • (ii) an entire page of a newspaper or periodical,
  • (iii) a single short story, play, poem, essay or article from a published work that contains other published works,
  • (iv) an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work,
  • (v) an entire reproduction of an artistic work (including any drawing, painting, print, photograph or other reproduction of a work of sculpture, architectural work or work of artistic craftsmanship) from a published work that contains other published works, or
  • (vi) one chapter, provided it is no more than 20 per cent of a book, for any library patron,

and further entitles an educational institution or an authorized person to make such a copy for the purposes of interlibrary loan to another institution or corporation authorized by Access Copyright, or to another non-profit educational institution, library, archive or museum.

(3) This tariff authorizes an educational institution to authorize, for any authorized purpose, an authorized person to

• (a) make a copy of up to 20 per cent of a repertoire work to replace any damaged or missing pages of the work in the collection of a library or archive that forms part of or is associated with the educational institution; and
• (b) make an alternate format copy of a repertoire work, for use by an authorized person who is blind, visually impaired or otherwise unable to view normal print because of a disability and by those involved in assisting that person — where no such alternate format copy is, to the knowledge of the educational institution, commercially available on the Canadian market at a reasonable price and within a reasonable period of time.

(4) This tariff does not authorize the copying of the same repertoire work for one course section beyond the limits set out in this section.

(5) For greater certainty, this tariff does not authorize the reproduction of a work contained in a published work if the former work is not itself a repertoire work.

4. Subcontractors and Other Third-Parties

(1) The educational institution may authorize by written agreement a person other than an authorized person (a “subcontractor”) to perform the acts set out in subsection 3(1) for paper course packs only.

(2) The subcontractor may further subcontract the acts set out in subsection 3(1) for paper course packs only.

(3) The royalties to be paid under section 5 include payment for the copying performed by a subcontractor in accordance with this section.

(4) Where a subcontractor has paid royalties to Access Copyright for copies that are otherwise authorized by this tariff, the education institution is entitled to a credit for the amount of royalties paid by the subcontractor to Access Copyright against any royalties to be paid by the educational institution under this tariff provided that it supply to Access Copyright, within three months of the approval of this tariff:

• (a) a copy of the agreement with the subcontractor; and
• (b) an accounting of royalties, an invoice, or other such information from which the royalties paid by the subcontractor can reasonably be ascertained.

5. Royalties

(1) For each academic year during the term of this tariff, the educational institution shall pay to Access Copyright a royalty calculated by multiplying the number of its full-time-equivalent students, as of the FTE determination date for that academic year, by the royalty rate of

• (a) $24.80, if the educational institution is a university; or
• (b) $9.54, if another educational institution.

(2) For academic years 2010-2011 and 2014-2015, the royalties are reduced by half.

6. Payment

(1) The amount payable by an educational institution under this tariff is

• (a) the royalties calculated pursuant to section 5, increased by the applicable federal and provincial taxes;
• (b) less any royalties paid by the educational institution pursuant to the interim tariff;
• (c) less any credit assessed pursuant to subsection 4(4).

(2) The interest payable by an educational institution shall be the amount in (1), less any federal or provincial taxes included therein, multiplied by the interest factors in the following table:

Academic Year	Interest Factor
2010-2011	1.1216
2011-2012	1.1092
2012-2013	1.0967
2013-2014	1.0842
2014-2015	1.0717

(3) The educational institution shall

• (a) subject to (4), pay the amounts in (1) and (2);
• (b) supply a report setting out the FTE calculation used as the basis of the royalty calculation in section 5; and
• (c) supply the calculations for the determination of the amounts in (a) and (b),

no later than three months after the approval of this tariff.

(4) Where the amount payable calculated in (1) is negative, the amounts calculated in (1) and (2) will be refunded by Access Copyright to the educational institution within three months following the receipt of the information required in (3).

(5) Any payment required under (3) or any refund required under (4), not received by the respective due date, shall bear interest from that date until the date the payment is received. Interest on any unpaid balance shall be calculated daily at a rate equal to 1 per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

7. Records Retention and Audit

(1) The educational institution shall keep and preserve for one year after the approval of this tariff any existing records from which the royalties payable pursuant to this tariff can be readily ascertained.

(2) Access Copyright may audit these records once, on giving ten business days’ written notice to the educational institution. For the purpose of these audits, Access Copyright shall have the right of access during normal business hours only to those parts of the premises of the educational institution reasonably necessary to access the records retained pursuant to (1).

(3) Access Copyright shall supply a copy of the report of the audit to the educational institution.

(4) If an audit conducted in accordance with this section reasonably determines that royalties invoiced by Access Copyright have been understated in respect of any royalties that ought to have been paid pursuant to this tariff by more than 10 per cent, the educational institution shall pay the reasonable costs of the audit.

(5) Adjustments in the amount of royalties (and audit costs if applicable) owed as a result of an audit under this section, or as a result of an error or omission, shall be paid or refunded within sixty business days of receipt of notice of such adjustments.

8. Addresses for Notices and Payment

(1) Anything that the educational institution sends to Access Copyright shall be sent to

President and CEO, Access Copyright
The Canadian Copyright Licensing Agency
69 Yonge Street, Suite 1100
Toronto, Ontario
M5E 1K3
Telephone: 416‑868‑1620
Fax: 416‑868‑1621
Email: postsec@accesscopyright.ca

(2) Anything that Access Copyright sends to the educational institution pursuant to this tariff, including all notices, shall be in writing and sent to the last address of which Access Copyright has been notified in writing.

9. Delivery of Notices and Payment

(1) A notice may be delivered by hand, by courier, by postage-paid mail, by fax or by email. A payment may be delivered by hand, by courier, by postage-paid mail or by electronic bank transfer.

(2) Anything mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A notice or payment sent by fax, by email or by electronic bank transfer shall be presumed to have been received on the first business day following the day it is transmitted.

STATEMENT OF ROYALTIES TO BE COLLECTED BY THE CANADIAN COPYRIGHT LICENSING AGENCY (ACCESS COPYRIGHT)

For the reproduction and authorization to reproduce in Canada, in 2015, 2016 and 2017, the works in Access Copyright’s repertoire by post-secondary educational institutions and persons acting under their authority.

1. Short Title

This tariff may be cited as the Access Copyright Post-Secondary Educational Institution Tariff, 2015-2017.

2. Definitions

For the purposes of this tariff, the following definitions apply:

• “academic year” means the 12-month period from September 1 to August 31; (« année scolaire »)
• “authorized person” means
  • (a) a student;
  • (b) a staff member; or
  • (c) any other person who is entitled to in-person or remote library privileges at the educational institution; (« personne autorisée »)
• “authorized purposes” means all purposes within or in support of the mandate of the educational institution; (« fins autorisées »)
• “copy” means a reproduction, communication to the public or making available of a repertoire work by, as a consequence of, or for the purpose of
  • (a) reproducing by a reprographic process, including by photocopying and xerography;
  • (b) scanning;
  • (c) printing;
  • (d) transmitting by electronic mail or fax;
  • (e) storing on a local storage device or medium;
  • (f) posting, uploading, or storing on a secure network;
  • (g) transmitting from a secure network and storing on a local storage device or medium;
  • (h) projecting an image using a computer or other device; or
  • (i) displaying on a computer or other device; (« copie »)
• “copying” means making a copy; (« copier »)
• “course collection” means, for use by an authorized person as part of a course of study, and whether for required or recommended reading for the course of study or otherwise:
  • (a) paper copies or digital copies of published works assembled into course packs; or
  • (b) digital copies of published works that are posted on, uploaded to, or stored on a secure network; (« ensemble de cours »)
• “course of study” means a course, unit or program of academic, continuing, professional or vocational study administered or hosted by the educational institution; (« cours »)
• “educational institution” means an institution located in Canada (except in the province of Quebec) that provides post-secondary, continuing, professional, or vocational education or training; (« établissement d’enseignement »)
• “full-time-equivalent student” means a full-time student or the equivalent of one full-time student of the educational institution; (« étudiant équivalent à temps plein »)
• “FTE determination date” means the date as of which the number of full-time-equivalent students is calculated by the educational institution for any given academic year; (« date de détermination de l’ETP »)
• “published work” means a literary, dramatic or artistic work protected by copyright in Canada, of which copies have been made available to the public with the consent or acquiescence of the copyright owner, but excludes a musical work; (« œuvre publiée »)
• “repertoire work” means a published work for which Access Copyright has been authorized to collectively administer the making of copies; (« œuvre du répertoire »)
• “secure network” means an electronic network, Internet or cloud-based storage service that is operated by the educational institution, or operated for and subject to the control of the educational institution (such as a network hosted by a third party and/or accessible through a web interface) and that is only accessible by an authorized person authenticated by a user name and password or other equally secure method; (« réseau sécurisé »)
• “staff member” means, in respect of the educational institution,
  • (a) an instructor, lecturer or sessional lecturer;
  • (b) an assistant, associate, full, visiting, adjunct, replacement or seconded professor;
  • (c) a teaching or research assistant, tutor, fellow or postgraduate fellow;
  • (d) a demonstrator, proctor, invigilator, or marker;
  • (e) a librarian or library assistant;
  • (f) a lab monitor, clinical instructor or clinician;
  • (g) a counsellor;
  • (h) an academic administrator;
  • (i) a medical resident;
  • (j) administrative support staff for any of the positions above;
  • (k) any other person in a position essentially comparable to any of those listed above; and
  • (l) any employee, regardless of his or her position;
• in each case, whether the person in question is paid or unpaid; (« membre du personnel »)
• “student” means a person registered or engaged in a course of study; (« étudiant »)
• “university” means an educational institution that
  • (a) is specifically recognized as a “university” under Canadian law;
  • (b) is accepted as a member institution of the Association of Universities and Colleges of Canada or Universities Canada;
  • (c) is accredited as a university by a recognized accreditation body; or
  • (d) has 50 per cent or more of its students enrolled in degree programs requiring three or more years of full-time study. (« université »)

3. Grant of Rights

(1) The tariff entitles an educational institution or an authorized person to

• (a) make copies of up to 20 per cent of a repertoire work or make copies of
  • (i) an entire page or article from a magazine, journal or newspaper that is a repertoire work,
  • (ii) an entire short story, play, poem, essay or article from a repertoire work that contains other published works,
  • (iii) an entire entry or article from a reference work that is a repertoire work,
  • (iv) an entire reproduction of an artistic work (including any drawing, painting, print, photograph or other reproduction of a work of sculpture, architectural work or work of artistic craftsmanship) from a repertoire work that contains other published works, or
  • (v) an entire chapter from a book that is a repertoire work, provided that it is no more than 25 per cent of that repertoire work,

for any authorized purpose, including for use in a course collection; and

• (b) make a single copy of a repertoire work in accordance with this section for the purpose of interlibrary loan to an institution or corporation licensed by Access Copyright or to any non-profit educational institution, library, archive or museum.

(2) This tariff does not authorize copying from the same repertoire work for one course section beyond the limits set out in this section.

(3) For greater certainty, this tariff does not authorize the reproduction of a work contained in a published work if the former work is not itself a repertoire work.

4. Subcontractors and Other Third-Parties

(1) The educational institution may authorize by written agreement a person other than an authorized person (a “subcontractor”) to perform the acts set out in paragraph 3(1)(a) for paper course packs only.

(2) The subcontractor may further subcontract the acts set out in paragraph 3(1)(a) for paper course packs only.

(3) Upon request from the educational institution, Access Copyright may authorize a third party that is licensed by Access Copyright to perform the acts set out in paragraph 3(1)(a) on behalf of the educational institution for paper course packs only.

(4) The royalties to be paid under section 5 include payment for the copying performed by a subcontractor or other third party in accordance with this section.

(5) Where a subcontractor has paid royalties to Access Copyright for copies that are otherwise authorized by this tariff, the educational institution is entitled to a credit for the amount of royalties paid by the subcontractor to Access Copyright against any royalties to be paid by the educational institution under this tariff, provided that it supply to Access Copyright, by the time payment for that academic year is due in accordance with subsection 6(3):

• (a) a copy of the agreement with the subcontractor; and
• (b) an accounting of royalties, an invoice, or other such information from which the royalties paid by the subcontractor can reasonably be ascertained.

5. Royalties

(1) For each academic year during the term of this tariff, the educational institution shall pay to Access Copyright a royalty calculated by multiplying the number of its full-time-equivalent students, as of the FTE determination date for the prior academic year, by the royalty rate of

• (a) $14.31, if the educational institution is a university; or
• (b) $5.50, if another educational institution.

(2) For academic years 2014-2015 and 2017-2018, the royalties are reduced by half.

6. Payment

(1) The amount payable by an educational institution under this tariff is

• (a) the royalties calculated pursuant to section 5, increased by the applicable federal and provincial taxes;
• (b) less any credit assessed pursuant to subsection 4(5).

(2) The interest payable by an educational institution shall be the amount in (1), less any federal or provincial taxes included therein, multiplied by the interest factors in the following table:

Academic Year	Interest Factor
2014–2015	1.0717
2015–2016	1.0610
2016–2017	1.0535
2017–2018	1.0457

(3) For each academic year, the educational institution shall

• (a) subject to (4), pay the amounts in (1) and (2);
• (b) supply a report setting out the FTE calculation used as the basis of the royalty calculation in section 5; and
• (c) supply the calculations for the determination of the amounts in (1) and (2),

no later than the later of November 15 of the subsequent academic year and three months after the approval of this tariff.

(4) Where the amount payable calculated in (1) is less than zero dollars ($0), the amounts calculated in (1) and (2) will be refunded by Access Copyright to the educational institution within three months following the receipt of the information required in (3).

(5) Any payment required under (3) or any refund required under (4), not received by the respective due date, shall bear interest from that date until the date the payment is received. Interest on any unpaid balance shall be calculated daily at a rate equal to 1 per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

7. Records Retention and Audit

(1) The educational institution shall keep and preserve, until the later of three years after the end of the academic year to which they relate and one year after the approval of this tariff, records from which the royalties payable pursuant to this tariff can be readily ascertained.

(2) Access Copyright may audit these records, no more than once for all completed academic years at the time of the approval of this tariff, and no more than once for each other academic year, on giving ten business days’ written notice to the educational institution. For the purpose of these audits, Access Copyright shall have the right of access during normal business hours only to those parts of the premises of the educational institution reasonably necessary to access the records retained pursuant to (1).

(3) Access Copyright shall supply a copy of the report of the audit to the educational institution.

(4) If an audit conducted in accordance with this section reasonably determines that royalties invoiced by Access Copyright have been understated in respect of any royalties that ought to have been paid pursuant to this tariff by more than 10 per cent, the educational institution shall pay the reasonable costs of the audit.

(5) Adjustments in the amount of royalties (and audit costs if applicable) owed as a result of an audit under this section, or as a result of an error or omission, shall be paid or refunded within sixty business days of receipt of notice of such adjustments.

8. Addresses for Notices and Payment

(1) The educational institution shall send all notices, payments (other than by electronic bank transfer) and other communications pursuant to this tariff to

President and CEO, Access Copyright
The Canadian Copyright Licensing Agency
69 Yonge Street, Suite 1100
Toronto, Ontario
M5E 1K3
Telephone: 416‑868‑1620
Fax: 416‑868‑1621
Email: postsec@accesscopyright.ca

(2) Access Copyright shall send all communications pursuant to this tariff to the educational institution’s last address of which Access Copyright has been notified in writing.

9. Delivery of Notices and Payment

(1) For a notice under this tariff to be valid, it must be in writing and delivered by hand, courier, postage-paid mail, fax or email. A payment may be delivered by hand, courier, by postage-paid mail or by electronic bank transfer.

(2) Anything mailed in Canada shall be presumed to have been received three business days after the day it was mailed, in the absence of evidence to the contrary.

(3) A notice or payment sent by fax, by email or by electronic bank transfer shall be presumed to have been received on the first business day following the day it is transmitted, in the absence of evidence to the contrary.