ARCHIVED — Vol. 147, No. 3 — January 19, 2013

COPYRIGHT BOARD

FILE: Reprography 2005-2009

Tariff of Royalties to Be Collected for the Reprographic Reproduction, in Canada, of Works in Access Copyright’s Repertoire for the Years 2005 to 2009

In accordance with subsection 70.15(1) of the Copyright Act, the Copyright Board has certified and hereby publishes the statement 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 educational institutions and persons acting under their authority.

Note :

This tariff replaces the tariff that the Board certified on June 27, 2009, and that was set aside in part by the Federal Court of Appeal on July 23, 2010 and by the Supreme Court of Canada on July 12, 2012. The only difference between this and the previous tariff is that the rate per full-time equivalent student set in subsection 7(1) is reduced from $5.16 to $4.81, and that transitional provisions are being added, at section 16, as a result of this redetermination.

Ottawa, January 19, 2013

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 2005 to 2009, of works in the repertoire of Access Copyright for the purposes of elementary or secondary education.

1. Short Title

This tariff may be cited as the Access Copyright Elementary and Secondary School Tariff, 2005-2009.

2. Definitions

In this tariff,

“copy” means a visually perceptible reproduction of a published work made by any of the following processes:

  • (a) reproducing by reprographic process, which includes facsimile reproduction by photocopy and xerography;

  • (b) reproducing onto microform (including microfilm and microfiche);

  • (c) solely for the purposes of making paper copies or of presentations by overhead, slide or LCD projection, reproducing by
    • (i) typing or word-processing without adaptation,

    • (ii) a machine or device that makes intermediate electronic files,

    • (iii) hand transcription or drawing (including tracing) onto acetate or other media, and

    • (iv) duplicating from a stencil;
  • (d) facsimile transmission; and

  • (e) transmission by video transmission. (« copie »)

“copying” means making a copy. (« copier »)

“course pack” means a compilation of materials (bound or otherwise assembled, either at once or gradually over time) that is designed for use by students of an educational institution to support a course or unit of study and is either intended, or may reasonably be expected, to be used instead of a published work that might otherwise have been purchased. A course pack may comprise a variety of types of material, published and unpublished, and may include original content. A compilation that includes copies taken from fewer than four sources or totalling fewer than 20 pages is not a course pack for the purposes of this tariff. (« recueil de cours »)

“educational institution” means an institution providing primary, elementary or secondary school programming funded by a minister, ministry or school board and operated under the authority of a minister, ministry or school board. (« établissement d’enseignement »)

“full-time equivalent student” means a full-time student or the equivalent of one student qualifying as a full-time student of an educational institution as determined in accordance with the policies of a ministry related to the funding of educational institutions under its jurisdiction. (« élève équivalent temps plein »)

“FTE determination date” means the date as of which the number of full-time equivalent students is calculated for any given year in accordance with the policies of a ministry related to the funding of educational institutions under its jurisdiction. (« date de détermination de l’ETP »)

“library” includes a resource or learning centre or any similar collection of published works that is operated under the authority of a licensee. (« bibliothèque »)

“licensee” means any minister, ministry or school board licensed pursuant to this tariff. (« titulaire de licence »)

“minister” means the person appointed as responsible for a ministry. (« ministre »)

“ministry” means Alberta Education; the British Columbia Ministry of Education; Manitoba Education, Citizenship & Youth; the New Brunswick Department of Education; the Newfoundland and Labrador Department of Education; the Northwest Territories Department of Education, Culture and Employment; the Nova Scotia Department of Education; the Nunavut Department of Education; the Ontario Ministry of Education; the Prince Edward Island Department of Education; the Saskatchewan Ministry of Education; the Yukon Department of Education; or any successor or substituted ministry resulting from a reorganization of the government of a province or territory. (« ministère »)

“published work” means a literary, dramatic or artistic copyright work, or a part of such copyright work, of which copies have been issued to the public in print form with the consent or acquiescence of the copyright owner, including but not restricted 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 reprographic and other reproduction rights in published works or 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 authorises Access Copyright to represent such other copyright owners. (« répertoire »)

“school board” means a school board, school district, divisional education council, conseil scolaire or similar entity or organization established by, and operating under, the authority of a minister or ministry. (« commission scolaire »)

“school year” means from September 1 to August 31. (« année scolaire »)

“year” means a calendar year. (« année »)

Application

3. (1) Subject to subsection (3) and to section 4, this tariff entitles school boards, educational institutions and persons acting under their authority to make and distribute copies of published works in the repertoire, for any not-for-profit purpose within or in support of the mandate of educational institutions in Canada, including

  • (a) educational (including testing and examination activities), professional, research, archival, administrative and recreational activities;

  • (b) communicating with and the provision of information to parents, school advisory/parent councils and other members of the community served by an educational institution;

  • (c) production of teacher implementation documents, correspondence school and distance learning courses, curriculum documents, workshop packages, provincial examinations and all other similar activities; and

  • (d) making a reasonable number of copies for on-site consultation in a library or loan by a library.

(2) Subject to subsection (3) and to section 4, this tariff entitles ministries and persons acting under their authority to make and distribute copies of published works in the repertoire for inclusion in tests or examinations or in distance education materials.

(3) Subject to section 4, school boards, educational institutions, ministries and persons acting under their authority may

  • (a) copy up to 10 per cent of a published work, provided that such limit may be exceeded in respect of
    • (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 20 per cent of a book;
  • (b) notwithstanding paragraph 4(1)(ii), make up to a cumulative maximum of 10 per cent of a work card, test, examination paper or assignment sheet, if the copies are made to replace originals purchased by the licensee or persons acting under its authority, the portion copied is not intended for one-time use and is no longer commercially available; and

  • (c) except where otherwise stated, make
    • (i) the number of copies which is sufficient to permit each student to have one copy only for his or her personal use and each teacher to have two copies,

    • (ii) the number of copies required for administrative purposes, including communication of information to parents, school advisory/parent councils and other members of the community served by an educational institution, and

    • (iii) a reasonable number of copies for on-site consultation in a library or loan by a library.

General Prohibitions

4. (1) Copies shall not be made, without prior written permission from the rights holder or the rights holder’s legal representative, of

  • (i) material intended for one-time use such as workbooks, assignment sheets and activity books,

  • (ii) work cards,

  • (iii) instruction manuals and teachers’ guides, and

  • (iv) publications that contain a notice prohibiting reproduction under a licence from a collective society.

(2) There shall be no intentional cumulative copying from the same published work beyond the limits set out in subsection 3(3) for one course of study or program in one school year or over time for retention in files maintained by a library or any individual making copies under the authority of a licensee.

(3) Copies shall not be made for or used in a course pack.

(4) Any electronic file created when copying, including any digital copy stored on disk or in a computer network shall not be disseminated or used for any ancillary purpose. When an electronic file is created for the sole purpose of making paper copies from a paper copy, the paper copies shall be produced immediately after the creation of the electronic file and the electronic file shall be erased from computer memory or the storage device immediately after all paper copies required have been produced, or forthwith if this tariff no longer applies.

(5) Copies shall not be sold (a sale of copies shall not include a transaction whereby a licensee recovers an amount not exceeding the direct cost of producing and distributing copies).

(6) Copies shall not be made or used in a manner that would infringe the moral rights of any author, artist or illustrator.

Attribution

5. To the extent possible, copies made pursuant to this tariff shall include, on at least one page, a credit to the author, artist or illustrator, and to the source.

Notification of the Terms and Conditions of Copying

6. A licensee shall ensure that is affixed, within the immediate vicinity of each machine or device used for making copies in a place and manner that is readily visible and legible to persons using such machine or device, a notice in the form set out in Appendix A.

Royalties

7. (1) Subject to subsection (3), the licensee shall pay an annual royalty to Access Copyright, calculated by multiplying $4.81 by the number of its full-time equivalent students.

(2) Royalties shall be calculated on an annual basis with reference to full-time equivalent student statistics provided pursuant to subsection 8(4).

(3) Royalties payable pursuant to subsection (1) are discounted by 10 per cent in 2005 to 2008.

Reporting and Payment

8. (1) Royalties shall be payable in two equal instalments.

(2) The first instalment shall be paid on or before the later of April 30 of each year and 60 days after the licensee has received the invoice required pursuant to subsection (5) in respect of that instalment.

(3) The second instalment shall be paid on or before the later of October 31 of each year and 60 days after the licensee has received the invoice required pursuant to subsection (5) in respect of that instalment.

(4) The licensee shall deliver to Access Copyright a written notice specifying the number of full-time equivalent students, as of the FTE determination date, in the current school year by no later than January 31 of each year.

(5) Access Copyright shall issue to the licensee invoices setting out the manner in which the royalties were calculated and the amounts payable on each of the instalment dates specified in subsections (2) and (3).

(6) Royalties payable under this tariff are exclusive of any federal, provincial, or other governmental taxes.

Interest on Late Payments

9. 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 above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

Bibliographic Surveys

10. (1) Once every school year, Access Copyright may advise all licensees of its intention to conduct a bibliographic survey in educational institutions under their authority.

(2) Within 10 days of receiving a notice pursuant to subsection (1), a licensee shall provide to Access Copyright the name, address, grade levels and enrolment of each educational institution that is under its authority.

(3) Within 10 days of receiving the last list requested pursuant to subsection (2), Access Copyright shall provide to each licensee a list of the educational institutions under its authority that Access Copyright intends to include in the survey.

(4) Within 10 days of receiving a list pursuant to subsection (3), a licensee may advise Access Copyright that an educational institution is, on reasonable grounds that shall be provided to Access Copyright, unable to participate in the survey.

(5) Within 7 days of receiving a notice pursuant to subsection (4), Access Copyright may provide to the licensee the name of another educational institution it wishes to survey. Subsection (4) then applies, with any necessary modifications, in respect of that other institution.

(6) Within 10 days after the list of educational institutions to be surveyed is finalized, a licensee shall supply to Access Copyright, with respect to each such institution, the name, address, telephone number and, where available, the email address of the school principal or of the person who will coordinate the survey within the institution, unless the information was on the list supplied pursuant to subsection (2).

(7) Within 10 days after the list of educational institutions to be surveyed is finalized, a licensee that is not a school board shall send to the director of education of each school board responsible for an institution to be surveyed a letter substantially in the form set out in Appendix B and a copy of Appendix D. The licensee shall send a copy of the letter to Access Copyright.

(8) No less than 15 days after the list of educational institutions to be surveyed is finalized and no later than 30 days before the survey period for an institution, Access Copyright shall send to the director of education for the institution a letter substantially in the form set out in Appendix C and attach Appendix D to the letter.

(9) Within 5 school days of receiving a letter pursuant to subsection (8), a director of education shall send to the principal of each educational institution mentioned in the letter a memorandum substantially in the form set out in Appendix D.

(10) Within 10 school days of receiving a letter pursuant to subsection (8), a director of education may advise Access Copyright that an educational institution is, on reasonable grounds that shall be provided to Access Copyright, unable to participate in the survey.

(11) Within 5 days of receiving a notice pursuant to subsection (10), Access Copyright may provide to the director of education the name of another educational institution it wishes to survey. Subsection (10) then applies, with any necessary modifications, in respect of that other institution.

(12) No less than 10 school days before the start of the survey period for an educational institution, Access Copyright shall send to the institution a letter substantially in the form set out in Appendix E.

(13) The survey shall last 10 consecutive school days. During the survey, an educational institution shall make a copy of the page of each copied published work that contains the most bibliographic information and shall indicate, on a sticker supplied by Access Copyright and to be affixed to the back of the copy, the date the copy was made, the number of original pages copied from the work and the number of sets of copies made.

(14) A representative of Access Copyright may, with the prior authorization of the principal of the educational institution being surveyed, monitor the conduct of all or part of the survey. The authorization shall not be unreasonably withheld. Before granting the authorization, the principal may require Access Copyright to provide information required by law or pursuant to school board policy regarding access to school premises.

(15) The information set out in subsection (13) shall be provided to Access Copyright no later than 14 days after the end of the survey period.

(16) An educational institution that has participated in a survey during a school year cannot be surveyed in the next two school years.

(17) An educational institution that unreasonably refuses to participate in the survey, that unreasonably withholds the authorization mentioned in subsection (14) or that otherwise does not comply with this section ceases to be entitled to the benefit of this tariff until it so complies.

Records and Audits

11. (1) The licensee shall keep and preserve, for a period of six years after the end of the school year to which they relate, records (which may include internal audits) from which the royalties payable pursuant to this tariff can be readily ascertained.

(2) No more than once per school year, Access Copyright may audit these records on seven days’ written notice to the licensee and during normal business hours.

(3) Access Copyright shall, upon receipt, supply a copy of the report of the audit to the licensee which was the subject of the audit.

(4) If an audit discloses that royalties due have been understated in respect of any instalment by more than 10 per cent, the licensee shall pay the reasonable costs of the audit.

Adjustments

12. Adjustments in the amount of royalties owed (including overpayments) as a result of the discovery of an error or otherwise, shall be applied to the next invoice issued by Access Copyright to the licensee or, if the tariff no longer applies, within 60 days.

Addresses for Notices and Payment

13. (1) Anything that a licensee sends 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: schooltariff@accesscopyright.ca

(2) Anything that Access Copyright sends to a licensee shall be sent to the last address of which Access Copyright has been notified in writing.

Delivery of Notices and Payment

14. (1) A notice may be delivered by hand, by postage-paid mail, by fax or by email. A payment may be delivered by hand, 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) Anything 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.

Transitional Provisions

15. (1) In this section, “additional royalties” means the difference between what is payable pursuant to this tariff and what was paid between January 1, 2005, and the publication of the tariff pursuant to the agreement known as the Pan-Canadian Licence.

(2) Additional royalties shall be increased by using the multiplying factor (based on the Bank Rate) set out in the following table with respect to each year:

2005

2006

2007

2008

2009

1.1548

1.1256

1.0825

1.0365

1.0044

(3) Access Copyright shall establish for each licensee a statement of additional royalties and shall send a copy of the statement to the licensee. The statement shall set out the manner in which the additional royalties were calculated and the amounts payable on each of the instalment dates specified in subsection (4) or (5).

(4) A licensee that receives the statement mentioned in subsection (3) no later than on August 31, 2009, shall pay the additional royalties set out in the statement in two equal payments payable on October 31, 2009, and April 30, 2010.

(5) A licensee that receives the statement mentioned in subsection (3) after August 31, 2009, shall pay the additional royalties set out in the statement in two equal payments payable starting on the first instalment date following the month during which the licensee received the statement.

Transitional Provisions (Redetermination)

16. (1) In this section, “overpayment” means the difference between what is payable pursuant to section 7 of this tariff and what was paid between June 27, 2009 and the publication of this tariff pursuant to section 7 of the Access Copyright Elementary and Secondary School Tariff, 2005-2009 as certified on June 27, 2009.

(2) No later than on April 30, 2013, Access Copyright shall pay to a licensee

  • (a) any overpayment;

  • (b) any amount paid in respect of any overpayment pursuant to subsection 15(2); and

  • (c) any interest paid on any overpayment pursuant to section 9.

(3) Interest shall be payable on any overpayment from the date it was received. Until April 30, 2013, interest shall be calculated daily, at a rate equal to the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada); interest shall not compound. Thereafter, interest shall be calculated according to section 9.

(4) For the purposes of subsection (3), if additional royalties payable pursuant to section 15 were paid in more than one payment, the overpayment shall be deemed to have been received on the date the last payment was received.

APPENDIX A

Notice [Access Copyright Tariff, section 6]

BEFORE YOU COPY

YOU CAN ALWAYS COPY

anything with the permission of the copyright owner, including works which already come with permission to copy (blackline masters, other reproducibles)

all or part of a work for private study, research, criticism, review or news reporting, if what you do is “fair dealing”

insubstantial parts of a work

works published during the author’s lifetime, if the author died more than 50 years ago (but not recent translations or annotations of such a work)

if an exception in the Copyright Act applies

UNDER A TARIFF CERTIFIED BY THE COPYRIGHT BOARD OF CANADA

You MAY make hard copies, for school purposes, of

excerpts of up to 10% of books, journals, magazines and newspapers. The 10% limit may be exceeded if required to copy

an entire chapter that comprises 20% or less of a book

an entire article or page from a newspaper, magazine or journal

an entire short story, play, essay or poem

an entire entry from a reference work

an entire reproduction of an artistic work from a publication

You MUST

ensure that the author’s name and the source appear on at least one page of your copies. If necessary, write them down on one of the pages

respect the moral rights of authors

limit the number of copies to one per student, two for the teacher and a reasonable amount for administrative purposes, to contact parents and the community and to allow on-site consultation or loan at a library

The tariff does NOT authorize you to

intentionally “split” copying runs to exceed the limits mentioned above

copy published work cards and material designed for one-time use (e.g. workbooks, some assignment sheets, commercially produced tests and examination papers, activity books)

copy instruction manuals or teachers’ guides

make course packs (a set of copies totalling fewer than 20 pages or coming from fewer than four sources is not a course pack)

copy publications containing a notice prohibiting reproduction under a licence with a collective society

copy sheet music

Questions?

Please contact: [CONTACT INFORMATION FOR PERSON WHO DEALS WITH COPYRIGHT ISSUES FOR THE INSTITUTION OR SCHOOL BOARD]

APPENDIX B

Ministry Letter to Directors of Education [Access Copyright Tariff, subsection 10(7)]

[DATE]

[ADDRESSEE]
Director of Education
X District School Board
[ADDRESS]

Dear [ADDRESSEE]:

RE: Bibliographic Survey of Selected Schools

As you may be aware, the Copyright Board of Canada has certified a tariff for the reproduction of works in the repertoire of Access Copyright by educational institutions. Schools which are entitled to the benefit of the tariff, through payment of royalties to Access Copyright, may be asked to participate in a bibliographic survey of material photocopied under the tariff. That survey allows Access Copyright to distribute the royalties collected to the appropriate creators and publishers.

Access Copyright is entitled to survey schools every year. Individual schools can only be surveyed once every three school years. The survey lasts ten consecutive school days.

During the course of the school year, you will receive one or more letters from Access Copyright informing you of the dates during which the following schools within your board’s jurisdiction will be surveyed:

[SCHOOL X]
[SCHOOL Y]
[ETC. AS REQUIRED]

Enclosed with the Access Copyright letter will be a memorandum to be sent to the principal of each school listed above, informing them of the conduct of the survey. A copy of this memorandum is also attached to this letter for your convenience. The tariff requires that you send these memoranda within 5 school days of receiving the Access Copyright letter.

Your cooperation and participation in this process help to reinforce the importance of copyright awareness in our schools.

Please note that at Access Copyright’s discretion, and after being authorized by the school principal, prescreened and preauthorized Access Copyright representatives may monitor the survey process.

Sincerely,

[SENDER NAME AND TITLE]

c.c. Access Copyright

APPENDIX C

Access Copyright Letter to Directors of Education [Access Copyright Tariff, subsection 10(8)]

[DATE]

[ADDRESSEE]
Director of Education
X District School Board
[ADDRESS]

Dear [ADDRESSEE]:

RE: Bibliographic Survey of Selected Schools

As you may be aware, the Copyright Board of Canada has certified a tariff for the reproduction of works in the repertoire of Access Copyright by educational institutions. Schools which are entitled to the benefit of the tariff, through payment of royalties to Access Copyright, may be asked to participate in a bibliographic survey of material photocopied under the tariff. That survey allows Access Copyright to distribute the royalties collected to the appropriate creators and publishers.

Access Copyright is entitled to survey schools every year. Individual schools can only be surveyed once every three school years. The survey lasts ten consecutive school days.

[IF THE DIRECTOR OF EDUCATION RECEIVED A LETTER PURSUANT TO SUBSECTION 10(7), ADD THE FOLLOWING]: On [DATE], [NAME], [TITLE], advised you that during the course of the school year, you would receive one or more letters from Access Copyright informing you of the dates during which certain schools within your board’s jurisdiction would be surveyed.

This letter is to inform you that Access Copyright now intends to conduct the bibliographic survey in the following schools within your board’s jurisdiction, at the dates indicated:

[SCHOOL X]
[SCHOOL Y]
[ETC. AS REQUIRED]

[OMIT IF NOT REQUIRED] As you know, other schools within your school board are also to be surveyed. You will receive a letter later on, advising you of the dates on which those other surveys will be conducted.

Enclosed with this letter you will find a memorandum to be sent to the principal of each school listed above, informing them of the conduct of the survey. The tariff requires that the principal of each school be sent this memorandum within 5 school days of receiving this letter.

Please note that at Access Copyright’s discretion, and after being authorized by the school principal, prescreened and preauthorized Access Copyright representatives may monitor the survey process.

On behalf of Canadian creators and publishers, thank you in advance for supporting this important work. If at any time you have questions or concerns about the survey, please do not hesitate to contact [NAME] at 1-800-893-5777 or 416-868-1620.

Sincerely,

[SENDER NAME AND TITLE]

APPENDIX D

Memorandum from directors of education to principals of surveyed educational institutions [Access Copyright Tariff, subsections 10(7), (8), (9)]

TO: [PRINCIPAL], X School

FROM: [DIRECTOR OF EDUCATION]

DATE:

RE: Bibliographic Survey of Photocopied Materials [DATES OF SURVEY PERIOD]

The Copyright Board of Canada has certified a tariff for the reproduction of works in the repertoire of Access Copyright by educational institutions. All schools which are entitled to the benefit of the tariff, through payment of royalties to Access Copyright, have certain obligations with respect to the survey of material photocopied under the tariff.

Please note that your school has been selected to participate in a Canada-wide bibliographic survey of materials photocopied. This survey allows Access Copyright to distribute the royalties collected to the appropriate creators and publishers.

You will soon be contacted by Access Copyright. This will begin the process for your school’s participation in the survey.

At Access Copyright’s discretion, and after being authorized by the school principal, prescreened and preauthorized Access Copyright representatives may monitor the survey to take place at your school.

Your participation in this endeavour is appreciated. Questions can be directed to your Director of Education’s office, to the Ministry of Education, or to your school board, at [INSERT CONTACT INFORMATION FOR EACH OF ABOVE].

APPENDIX E

Access Copyright letter to schools [Access Copyright Tariff, subsection 10(12)]

As you already know, your school has been selected to participate in Access Copyright’s bibliographic survey of photocopied materials this year.

The survey will be carried out by Access Copyright in accordance with the tariff certified by the Copyright Board of Canada. A copy of the tariff is enclosed for your information.

The survey will start on [DATE] and will last for ten consecutive school days. The purpose of the survey is to ensure that the correct creators and publishers are paid for those works which are copied. The results, along with those collected from other school jurisdictions, establish the fairest possible basis for the distribution to copyright holders of royalties that are collected from the tariff. Creators and publishers depend on royalties from their works, just as others rely on a salary or business income.

Survey materials will be sent to your school during the week preceding the survey period. Bilingual material will be sent upon request.

A representative from your school will be responsible for informing your staff of the purpose of the bibliographic survey, for placing the survey material next to photocopiers and for making sure that survey materials are accessible at all times during the survey period.

At Access Copyright’s discretion and after being authorized by the school’s principal, prescreened and preauthorized Access Copyright representatives may monitor the implementation of the survey. Such authorization cannot be unreasonably withheld.

For all copyright material photocopied (covered by the tariff or not), users will be asked to make a copy of the page of each copied published work that contains the most bibliographic information and shall indicate, on a sticker supplied by Access Copyright and to be affixed to the back of the copy, the date the copy was made, the number of original pages copied from the work and the number of sets of copies made. This information will be placed in a box adjacent to the photocopier.

Technology permitting, and at the discretion of the school, alternative delivery methods (e.g. storing a second copy of the transactions on a separate hard drive, electronic transmission of the same over the Internet) could be implemented.

The information will be sent to Access Copyright at the end of your school’s survey period at Access Copyright’s expense.

A representative from Access Copyright will be contacting you shortly. We will have two additional questions for you when we call. First, how many copiers are there in your school? We need this information if we are to deliver a sufficient number of survey kits to your school. Second, what is the name of the staff member at your school who will oversee the survey and act as Access Copyright’s contact? We thank you for assembling this information now, in anticipation of our call.

On behalf of Canadian creators and publishers, thank you in advance for supporting this important work. If at any time you have questions or concerns about the survey, please do not hesitate to contact [NAME] at 1-800-893-5777 or 416-868-1620.

Sincerely,
[SENDER NAME AND TITLE]

c.c. School Board