Canada Gazette, Part I, Volume 148, Number 19: SUPPLEMENT

May 10, 2014

COPYRIGHT BOARD

FILE: Reprography 2015-2018

Proposed Statement of Royalties to Be Collected by Access Copyright for the Reprographic Reproduction, in Canada, of Works in its Repertoire

In accordance with section 70.14 of the Copyright Act, the Copyright Board hereby publishes the proposed statement of royalties filed by the Canadian Copyright Licensing Agency (Access Copyright) on March 28, 2014, with respect to royalties it proposes to collect, effective on January 1, 2015, for the reprographic reproduction, in Canada, of works in its repertoire by employees of provincial and territorial governments.

In accordance with the provisions of the same section, the Board hereby gives notice that prospective users or their representatives who wish to object to the statement may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than July 9, 2014.

Ottawa, May 10, 2014

GILLES MCDOUGALL
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
613-952-8630 (fax)
gilles.mcdougall@cb-cda.gc.ca (email)

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

For the reproduction, in Canada, in 2015, 2016, 2017 and 2018 of works in the repertoire of Access Copyright by employees of provincial and territorial governments.

1. Short title

This tariff may be cited as the Access Copyright Provincial and Territorial Governments Tariff, 2015-2018.

2. Definitions

In this tariff,

“Copy” means a reproduction of a Published Work made by any of the following processes:

• (a) reprography, which includes facsimile reproduction by photocopying and xerography;
• (b) reproducing onto microform (including microfilm and microfiche);
• (c) typing or word-processing without adaptation;
• (d) reproducing by a machine, device or computer that makes a Digital Copy;
• (e) hand transcription or drawing (including tracing) onto acetate or other media;
• (f) duplicating from a stencil;
• (g) facsimile transmission;
• (h) video telecommunication,

and includes the Digital Copy. (« Copie »)

“Copying” means making a Copy. (« Copier »)

“Digital Copy” means any electronic file of a Published Work. (« Copie numérique »)

“FTE” means a full-time employee or individual working for the Licensee under contract or a part-time employee or individual working for the Licensee under contract whose combined ordinary working hours are counted in proportion to a full-time employee's ordinary working hours. (« ETP »)

“Licensee” means Her Majesty the Queen in Right of British Columbia, Her Majesty the Queen in Right of Alberta, Her Majesty the Queen in Right of Saskatchewan, Her Majesty the Queen in Right of Manitoba, Her Majesty the Queen in Right of Ontario, Her Majesty the Queen in Right of New Brunswick, Her Majesty the Queen in Right of Nova Scotia, Her Majesty the Queen in Right of Newfoundland and Labrador, Her Majesty the Queen in Right of Prince Edward Island, Her Majesty the Queen in Right of the Yukon Territory, Her Majesty the Queen in Right of the Northwest Territories and Her Majesty the Queen in Right of Nunavut. (« Titulaire de licence »)

“Published Work” means a literary, dramatic or artistic copyright work protected by copyright in Canada, or a part of such copyright work, of which copies have been issued to the public with the consent or acquiescence of the copyright owner, including but not limited to books, folios, magazines, newspapers, journals and other periodical publications. (« Œuvre publiée »)

“Repertoire” means those Published Works published in or outside of Canada by any author or publisher, estate of an author or publisher or other person with a copyright interest in the Published Works who, by assignment, grant of licence or by appointment as an agent or otherwise, has authorized Access Copyright to collectively administer reproduction rights in Published Works and those Published Works published in or outside of Canada by other copyright owners where an agreement between Access Copyright and another reproduction rights collective society authorizes Access Copyright to represent such other copyright owners. (« Répertoire »)

“Secure Authentication” means a process of authentication that, at the time of login, identifies each user, whether by user name and password or by some other equally secure method. (« Authentification sécurisée »)

“Year” means a calendar year. (« Année »)

3. Application

Subject to sections 4 and 5 hereof, an FTE shall be permitted to make and distribute Copies of Published Works in the Repertoire, for the non-profit purposes of conducting business within the mandate of the Licensee and for purposes of the delivery of government programs and services, including but not limited to professional, research, archival, communication and administrative activities of the Licensee, as follows:

• (a) Copy up to ten per cent (10%), provided that such limit may be exceeded in respect of the following portions:
  • (i) an entire newspaper article or page,
  • (ii) a single short story, play, essay or article,
  • (iii) an entire single poem,
  • (iv) an entire entry from an encyclopaedia, annotated bibliography, dictionary or similar reference work,
  • (v) an entire reproduction of an artistic work (including drawings, paintings, prints, photographs and reproductions of works of sculpture, architectural works of art and works of artistic craftsmanship), and
  • (vi) one chapter, provided it is no more than twenty per cent (20%) of a book.
• (b) make a Copy to be used to project, display or interact with an image for presentation using, but not limited to, an overhead projector, LCD or plasma monitor, or interactive whiteboard.
• (c) make a Copy to replace any damaged or missing pages in the Licensee's holdings. If the total number of replacement pages is more than twenty per cent (20%) of a Published Work, then the Licensee shall make reasonable efforts to secure a new replacement of the Published Work within a reasonable period of time.
• (d) subject to paragraph 3(a), distribute
  • (i) Copies to FTEs,
  • (ii) Copies, except for Digital Copies, to persons other than to FTEs, and
  • (iii) Digital Copies to other Access Copyright licensees that have a licence covering the reproduction and distribution of Digital Copies.

4. General Limitations

• (a) Copies may only be made from Published Works that are lawfully obtained by the Licensee.
• (b) There shall be no intentional cumulative Copying from the same Published Work beyond the limits set out in paragraph 3(a) hereof.
• (c) Copies shall not be made as a substitute for Published Works that would ordinarily be purchased.
• (d) Copies shall not be made of a Published Work that contains a notice prohibiting reproduction under a licence from a collective society.
• (e) Copies shall not be sold for an amount that exceeds the costs of making and distributing such Copies, including an allowance for the royalties payable under this tariff.
• (f) Copies shall not be used in advertising products or services.
• (g) Copies shall be faithful and accurate reproductions of the original Published Work.
• (h) Copies shall not be made or used in a manner that would infringe the moral rights of any author.

5. Additional Limitations Regarding Digital Copies

• (a) Digital Copies shall not be placed on any computer or computer network on the publicly accessible Internet in such a way as to be made publicly available or accessible otherwise than by Secure Authentication that identifies the user's status as an FTE.
• (b) Digital Copies shall not be stored, or systematically indexed, with the intention or result of creating an electronic database of Published Works.
• (c) Except as provided under subparagraph 3(d)(iii), Digital Copies shall not be shared, emailed or otherwise distributed to any person other than an FTE.
• (d) Where the Licensee is no longer covered by a tariff for the making and distribution of Digital Copies, the Licensee shall immediately cease to use Digital Copies of Published Works in the Repertoire, delete from their hard drives, servers or storage area networks, and make reasonable efforts to delete from any other device or medium capable of storing Digital Copies, those Digital Copies and upon written request from Access Copyright shall certify that it has done so.
  

6. Attribution

The Licensee shall notify all persons entitled to make Copies under this tariff that, where reasonable under the circumstances, Copies made and/or distributed shall include, on at least one page,

• (a) a credit to the author (including writer, artist, illustrator and photographer) and to the source; and
• (b) a notice stating, “Copied under licence from Access Copyright. Further reproduction or distribution is prohibited, except as otherwise permitted by law.”
  

7. Notification of the Terms and Conditions of Copying

Access Copyright shall provide for free, and each Licensee shall affix, within the immediate vicinity of each machine or device used for making Copies in a place and manner that is readily visible to and legible by persons using such machine or device, a notice in the form set out by the Copyright Board.

8. Royalties

• (a) The Licensee shall pay an annual royalty to Access Copyright, calculated by multiplying the royalty rate of CAD $11.70 by the number of its FTEs.
• (b) The annual royalty payable under this tariff is exclusive of any federal or provincial taxes.

9. Reporting and Payment

• (a) No later than January 31 of each Year of this tariff, the Licensee shall provide to Access Copyright the number of its FTEs covered by this tariff.
• (b) Access Copyright will invoice the Licensee by March 1 of each Year of this tariff and such invoice shall be payable within thirty (30) days of the issue date.
• (c) The Licensee shall keep records of all Copies made for external distribution pursuant to subparagraphs 3(d)(ii) and (iii) in a form and manner prescribed by Access Copyright. The Licensee shall provide these external distribution records to Access Copyright within thirty (30) days of the end of each quarterly period.
  

10. Interest

Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to one per cent (1%) above the Bank of Canada Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

11. Surveying

When requested by Access Copyright, but not more than once a year, the Licensee shall co-operate with Access Copyright in implementing a method of data collection reasonably required to assist Access Copyright in distributing royalties paid by the Licensee under this tariff.

12. Records and Audits

• (a) The Licensee shall keep and preserve, for a period of six years, records from which the royalties due to Access Copyright under this tariff can be readily ascertained.
• (b) Access Copyright, or its representative, may audit these records on seven days' written notice to the Licensee and during normal business hours.
• (c) If an audit discloses that royalties due pursuant to section 8 have been understated by more than ten per cent (10%), the Licensee shall pay the reasonable costs of the audit within thirty (30) days of the demand for such payment.
• (d) In the event that an audit reveals an overpayment, the Licensee may reduce the amount due on the next royalty payment by the amount of such overpayment.
  

13. Addresses for Notices and Payment

• (a) Notices to Access Copyright shall be sent to
  • Executive Director, Access Copyright
    The Canadian Copyright Licensing Agency
    One Yonge Street, Suite 800
    Toronto, Ontario
    M5E 1E5 Telephone: 416-868-1620
    Fax: 416-868-1621
    Email: governmenttariff@accesscopyright.ca
• (b) Notices to the Licensee shall be sent to the last address of which Access Copyright has been notified in writing.
  

14. Delivery of Notices and Payment

• (a) A notice may be delivered by hand, by postage paid mail, fax or email. Payments shall be delivered by hand, by postage paid mail or by electronic bank transfer.
• (b) A notice or payment mailed in Canada shall be presumed to have been received three business days after the day it was mailed.
• (c) A notice sent by fax or email shall be presumed to have been received on the first business day following the day it is transmitted.

15. Transitional Provision: Interest Accrued before the Publication of the Tariff

Any amount payable before [insert date of publication of the tariff] shall be due [insert date immediately following the publication of the tariff] and shall be increased by using the multiplying factor (based on the Bank Rate) set out in the following table [insert table with applicable Bank Rate].