Post Tagged with: "Copyright Board"

Access Copyright Urges Copyright Board to Ignore Bill C-11’s Expansion of Fair Dealing

As I noted in a post yesterday, Access Copyright has filed its response to the Copyright Board of Canada’s series of questions about fair dealing and education in the tariff proceedings involving Canadian post-secondary institutions. Yesterday’s post focused on how Access Copyright has urged the Copyright Board to ignore the Supreme Court of Canada’s ruling on the relevance of licences to a fair dealing analysis. Today’s post examines the collective’s response to the Copyright Board’s question on the effect of the fair dealing legislative change in Bill C-32/C-11. Access Copyright engages in revisionist history as it seeks to hide its extensive lobbying campaign that warned that the reforms would permit mass copying without compensation.

For two years during the debates over the bill, Access Copyright stood as the most vocal opponent of the expansion of the fair dealing purposes to include education. Given its frequent public comments and lobbying efforts on the bill, one would think its response to the Copyright Board, would be pretty straight-forward. For example, it created a copyright reform website – CopyrightGetitRight.ca – that warned:

the education exception will permit mass, industrial-scale copying (equivalent to millions of books every year) without compensation to the creators and publishers who invested their creativity, skill, money and effort to produce this content.

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April 17, 2014 6 comments News

Access Copyright Urges Copyright Board to Ignore Supreme Court Ruling on Fair Dealing

Access Copyright has filed its response to the Copyright Board of Canada’s series of questions about fair dealing and education in the tariff proceedings involving Canadian post-secondary institutions. I have several posts planned about the 40 page response, which continues the copyright collective’s longstanding battle against fair dealing. This one focuses on Access Copyright’s astonishing effort to urge the Copyright Board to reject the Supreme Court of Canada’s clear ruling on the relevance of licensing within the context of fair dealing.

Access Copyright has frequently argued that the availability of a licence should trump fair dealing. For example, in the 2001 copyright consultation it stated:

As a rule, where collective licensing is in place there should be no exception or limitation to a right for which the holder has a legitimate interest. As defined in the Act, anytime that a licence to reproduce a work is available from a collective society within a reasonable time, for a reasonable price and with reasonable effort, it is commercially available.

Access Copyright reiterated its position in its 2003 intervention in the Law Society of Upper Canada v. CCH Canadian case.  It argued:

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April 16, 2014 4 comments News

Next on the Canadian Copyright Reform Agenda: Clean Up the Mess at the Copyright Board

With the latest phase of Canadian copyright reform now complete, the government may soon turn to the question of what comes next. Given last year’s major legislative overhaul and the landmark series of copyright decisions from the Supreme Court of Canada, significant substantive changes are unlikely to be on the agenda for the foreseeable future.

Instead, my weekly technology law column (Toronto Star version, homepage version) argues that it is time for the government to set its sights on the Copyright Board of Canada, a relatively obscure regulatory body that sets the fees to be paid for the use of copyright works. The Board is largely unknown in public circles, but it has played a pivotal role in establishing the costs associated with private copying (including a one-time iPod levy), educational copying, and the use of music by Canadian broadcasters.

The litany of complaints about the Board has mounted in recent years: the public rarely participates in its activities due to high costs, it moves painfully slowly by only issuing a handful of decisions each year, and its rules encourage copyright collectives and users to establish extreme positions that make market-driven settlements more difficult.

Moreover, over the past ten months, the Supreme Court has ruled that its approach to fair dealing was unreasonable, the Board itself admitted to palpable error in a decision that resulted in a hugely inflated tariff, and it has ignored the will of Parliament in reshaping Canadian copyright law. The Board may keep a steady stream of lawyers and economists busy, but it is time to acknowledge that it is broken.

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May 21, 2013 3 comments Columns

Time to Clean Up the Mess at the Copyright Board

Appeared in the Toronto Star on May 18, 2013 as It’s Time to Admit the Copyright Board is Broken With the latest phase of Canadian copyright reform now complete, the government may soon turn to the question of what comes next. Given last year’s major legislative overhaul and the landmark […]

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May 21, 2013 Comments are Disabled Columns Archive

Copyright Board of Canada Admits to “Palpable Error” in Music Tariff Decision

The Copyright Board of Canada has released a decision in which it admits to palpable error that resulted in a hugely inflated tariff. The case involved a tariff for SODRAC for reproduction of music works in cinematographic works for private use of for theatrical exhibition.  The Canadian Association of Film […]

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April 29, 2013 4 comments News