Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

The Economics Behind Access Copyright

Yesterday’s post highlighted the recent Access Copyright decision to refuse pay-per-use transactional digital licences (late in the day I received a note that AC appears to have had a change of heart). As I noted in the conclusion, the copyright collective faces an increasingly problematic balance sheet. According to its 2010 annual report, it spent more on itself in the form of administrative costs (including legal fees and board compensation) that it actually dispensed to Canadian authors from its 2010 revenues. Admittedly, these numbers are not easy to find. Indeed, for an organization devoted to collecting licensing revenue and distributing it collective members, the annual report is incredibly vague in providing clear numbers about precisely what gets distributed to Canadian authors. 

Despite the obfuscation, the numbers can be teased out from the 2010 annual report with a bit of digging (it is not easy and I am open to corrections and clarifications). [Update: Some comments note that the annual report includes a specific distribution number as page 19 states that the distribution for 2010 was $23.3 million. Unfortunately, that figure does not disclose how much of the 2010 revenues were distributed. The 2010 distribution drew from both 2010 provision for royalties for distribution ($24 million) and the balance entering the year, which stood at $29.5 million. The analysis below makes it clear that the majority of the 2010 distribution came from the prior balance, not from the 2010 revenues] 

Start with the revenue – licensing revenues, including interest income, came in at $33.7 million, a drop of $1 million from the prior year.

Read more ›

May 26, 2011 31 comments News

Access Copyright Stops Pay-Per-Use Digital Licensing

Earlier this year, Access Copyright won a Copyright Board decision that granted a new interim tariff for post-secondary education institutions. This is the first of three posts that examine the aftermath of that decision, the current economics behind Access Copyright, and the challenges the copyright collective faces over the long haul. The interim licence, which effectively sought to maintain the status quo as the copyright collective and educational institutions sort through the Access Copyright demand for a massive increase in its current tariff structure, provided the collective with a potential continued revenue stream and delayed what appeared to be a near-universal decision among Canadian universities to drop the Access Copyright licence altogether.

While some were surprised that the educational institutions did not seek judicial review of the Copyright Board decision, I suspect that many institutions came around to the view that the interim tariff was helpful in the short-term. Many institutions were facing faculty not ready to shift away from the Access Copyright licence in January 2011. The interim tariff bought them time to complete the transition. That transition now appears to begin as soon as September 2011 as universities prepare for an alternate approach based on five key sources of materials:

Read more ›

May 25, 2011 37 comments News

Retail Council Calls for Scrapping Private Copying Levy

The Wire Report reports that the Retail Council of Canada is calling on the government to scrap the private copying levy in the aftermath of the CPCC demand to create a levy on memory cards. The CPCC’s David Basskin argues eliminating the levy would “recriminalize making private copies” but that […]

Read more ›

May 25, 2011 6 comments News

The Cabinet Shuffle: Why a New Industry Minister May Not Mean Changed Policies or Big Delays

Yesterday’s cabinet shuffle sparked considerable discussion over the implications for digital policy issues including the digital economy strategy, telecom, copyright, and privacy (Reuters, Globe, Nowak). The changes – which see James Moore remain at Canadian Heritage but install Christian Paradis as the new Industry Minister – create a new ministerial combination that is often tasked with jointly addressing issues such as copyright and communications policy.

Tony Clement made digital policies a core part of his agenda both in terms of prioritizing the issues and using technology to actively communicate and interact with the public. Given the uncertainty of Paradis’ priorities and the need to become familiar with some complex files, it is understandable that many speculate the cabinet shuffle will slow the process of change and possibly alter the substance. I must admit that I’m not so sure. Every minister has the chance to put their own mark on departmental policies, but I suspect both the core substance of Canadian digital policy and the speed of change will remain largely unchanged.

Read more ›

May 19, 2011 9 comments News

Is Access Copyright Claiming a Trademark in ©?

Howard Knopf points to Access Copyright’s revised site design that includes a trademark notice on the © symbol. A search of the trademark database does not show an attempted registration of the © alone.

Read more ›

May 19, 2011 55 comments News