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:

3. Grant of Rights

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

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

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

(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:

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

(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

(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

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:

3. Grant of Rights

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

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

(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):

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

(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

(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

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.