Vol. 150, No. 8 — February 20, 2016

COPYRIGHT BOARD

FILE: Reprography 2010-2015

Statement of Royalties to Be Collected for the Reprographic Reproduction, in Canada, of Works in Access Copyright’s Repertoire for the Years 2010 to 2015

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.

Ottawa, February 20, 2016

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 2010 to 2015, of works in the repertoire of Access Copyright for the purposes of elementary or secondary education.

Short Title

1. This tariff may be cited as the Access Copyright Elementary and Secondary School Tariff, 2010-2015.

Definitions

2. In this tariff,

copy” means a reproduction of a published work made onto paper by any of the following processes:

but excludes the digital copy. (« 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 A course pack may comprise a variety of types of material, published and unpublished, and may include original content.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 of published works taken from fewer than four sources or totaling fewer than 20 pages is not a course pack for the purposes of this tariff. (« recueil de cours »)

digital copy” means any electronic file of a published work. (« copie numérique »)

educational institution” means a public educational institution and a private educational institution. (« établissement d’enseignement »)

FTE determination date” means the date as of which the number of full-time equivalent students is calculated for any given year. (« date de détermination de l’ÉTP »)

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. (« élève équivalent temps plein »)

library” means 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 school board, public educational institution or private educational institution licensed pursuant to this tariff. (« titulaire de licence »)

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

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

private educational institution” means an institution providing primary, elementary or secondary school programming that is not a public educational institution. (« établissement d’enseignement privé »)

public educational institution” means any 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 public »)

published work” means a literary, dramatic or artistic work protected by copyright in Canada, of which copies have been made available to the public with the consent or acquiescence of the copyright owner. (« 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 »)

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(2) and 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

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

General Prohibitions

4. (1) There shall be no intentional cumulative copying from the same published work in the repertoire beyond the limits set out in paragraph 3(2)(a) 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.

(2) Copies of published works in the repertoire shall not be made for or used in a course pack.

(3) Copies of published works in the repertoire 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).

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

(5) Copies of published works in the repertoire shall not be used in connection with products and merchandise, such as posters, T-shirts and mugs, or in advertising or promotional materials for a commercial product or service.

Attribution

5. To the extent possible, copies of published works in the repertoire 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. Access Copyright may provide, for free, a notice in the form set out in Appendix A. Each licensee shall affix the notice within the immediate vicinity of each photocopier used for making copies in such a way that the notice is readily visible to, and legible by, persons using the photocopier.

Royalties

7. (1) The licensee shall pay an annual royalty to Access Copyright, calculated by multiplying the royalty rate of,

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).

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 8(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 8(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 school 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 8(2) and 8(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 10(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 10(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 10(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 10(4), Access Copyright may provide to the licensee the name of another educational institution it wishes to survey. Subsection 10(4) then applies, with any necessary modifications, in respect of that other educational 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 educational 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 educational institution, unless the information was on the list supplied pursuant to subsection 10(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 educational 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 educational institution, Access Copyright shall send to the director of education for the educational 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 10(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 10(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(10), Access Copyright may provide to the director of education the name of another educational institution it wishes to survey. Subsection 10(10) then applies, with any necessary modifications, in respect of that other educational 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 educational institution a letter substantially in the form set out in Appendix E.

(13) A 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 published 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 10(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 10(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 licensees 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 licensees and during normal business hours.

(3) Access Copyright shall, upon receipt, supply a copy of the report of the audit to the licensees 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
56 Wellesley Street West, Suite 320
Toronto, Ontario
M5S 2S3
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 Payments

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) Notwithstanding subsection 11(1), the licensee shall keep and preserve the records referred to in that subsection for the period of January 2010 to December 2010 for one year following the publication of this tariff.

(2) Notwithstanding subsection 11(2), in relation to each of the years from 2010 to 2015, Access Copyright, or its representative, may once audit the records referred to in subsection 11(1) on fifteen (15) days’ written notice to the licensee and during normal business hours.

(3) In relation to each of the years from 2010 to 2015, the licensee shall, in lieu of subsection 8(4), provide to Access Copyright the number of its full-time equivalent students covered by this tariff within 90 days of publication of this tariff.

(4) In relation to each of the years from 2010 to 2015, Access Copyright shall, in lieu of subsection 8(5), invoice the licensee within 180 days of publication of this tariff.

(5) Amounts due or overpaid as a result of the certification of this tariff shall be paid in two equal installments on October 31, 2016, and April 30, 2017. These amounts shall be increased by using the multiplying interest factors (based on the Bank Rate as published by the Bank of Canada) set out in the following table with respect to each period:

April 30, 2010 1.0733
October 31, 2010 1.0692
April 30, 2011 1.0629
October 31, 2011 1.0567
April 30, 2012 1.0504
October 31, 2012 1.0442
April 30, 2013 1.0379
October 31, 2013 1.0317
April 30, 2014 1.0254
October 31, 2014 1.0181
April 30, 2015 1.0125
October 31, 2015 1.0075

APPENDIX A

Under the Access Copyright Elementary and Secondary School Tariff, 2010-2015, employees of school boards and educational institutions may make and distribute paper copies, for school purposes, of excerpts of up to 10 per cent of a published work in the repertoire of Access Copyright, provided that such limit may be exceeded in respect of

Employees must

The tariff does NOT authorize employees to

Questions?

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

APPENDIX B

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

[DATE]

[ADDRESSEE]
Director of Education
X 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 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 Material Photocopied [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 material 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 material photocopied 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 materials 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 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