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Board Training -- Copyright Modernization Act and Copyright Board Tariffs


Erin Finlay

on 13 June 2016

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Transcript of Board Training -- Copyright Modernization Act and Copyright Board Tariffs

Legal Counsel and Manager of Legal Affairs

June, 2010
Canadian Authors Association Annual CanWrite! Conference
Victoria, BC
Publicly Available Material
Bill C-60 tabled summer 2005
Bill C-61 tabled summer 2008
17 new or expanded exceptions
Many in the education sector
Bill C-32 tabled summer 2010
Bill C-11 tabled Sept 2011, Royal Assent June 2012, in force Nov 2012
Board Training June 2016
The Copyright Modernization Act
Tariffs and Litigation
The Copyright Modernization Act
Nov 2012
Some new/expanded protections
TPMs and DRM
Making available right
Tariffs and Litigation
K-12 Tariff 1.0 (2005-2009)
SCC Decision - Alberta v. Cdn Copyright Licensing Agency July 2012
volume study
350 million pages copied/year
at issue was 7% of the volume or 4 pages per student/year
when teachers copy short excerpts to complement the main textbook, the dealing is fair

Provincial Tariff 1.0 and 2.0 (2005-2014)
joint survey
Hearing October 2012
Decision May 2015
pennies/FTE; insubstantial part, digital and fair dealing
JR hearing, June 2016
Post-Secondary Tariff 1.0 (2011-2013)
interim tariff Dec 2010, expired 2013
no joint survey - UT digital survey; coursepack data, impact on the market
no Objectors (well, one)
hearing adjourned sine die Jan 2014

Post-Secondary Tariff 2.0 (2014-2017)
no Objectors (well, one)
Hearing for 2011-2017 - Jan 2016

The Copyright Board
admin tribunal
Chair = judge
2 "laypersons" (both lawyers)

The Cdn Copyright Licensing Agency v. York University
launched April 2013
Federal Court
enforcement of interim tariff
evidence is from copyshops - unlicensed coursepacks
York defence and counterclaim - bless the FD Guidelines
Trial May 2016

The CMEC, AUCC and ACCC Guidelines
May copy a "Short Excerpt" for teaching, research, posting on an LMS and making a coursepack
define a Short Excerpt as "10% or an entire article, chapter, short story, artistic work or poem"
K-12 Tariff 2.0 & 3.0 (2010-2012) & (2013-2015)
hearing April and Sept 2014
volume study, impact of the fair dealing guidelines
added digital, consumables and sheet music
Decision - February 19, 2016. The Board found that:
87% of the copies made from textbooks
87% of copies made from periodicals
84% of copies made from newspapers; and
9% of copies made from consumables (workbooks)
were either fair dealing, or an insubstantial part of the work, meaning that neither a licence or payment is required to copy them.
The Board excluded digital copying from the Tariff
AC applied for Judicial Review of the Decision
Ministers of Education are refusing to pay the tariff as of Jan 1, 2013.
Impact on the Market of the Fair Dealing Guidelines
PWC Report
Full transcript