In a decision released earlier today, the Copyright Board granted Access Copyright interim relief in relation to its Post-Secondary Educational Institutions Reprographic Reproduction (2011-2013) tariff. The reasons for decision will be released later.
The purpose of the relief was to achieve the following main objectives:
– to provide certainty to targeted institutions by informing them now of what they may or may not do in using the repertoire of Access Copyright pursuant to the interim tariff starting January 1, 2011;
– to maintain the status quo to the extent possible. The indemnity provisions are maintained. Payment and reporting schedules reflect existing agreements. Institutions have the option of dealing with Access Copyright only for uses already targeted in those agreements;
– to allow targeted institutions to make digital copies pursuant to the interim tariff, but only if they so elect;
– to make it clear that since Access Copyright’s proposed tariff does not target musical works, institutions cannot rely on the interim tariff to copy musical works; and
– to confirm that institutions that do not require a licence from Access Copyright are not required to deal with it, whether pursuant to the interim tariff or otherwise.
The Board ruled that the interim tariff may be modified or replaced at any time, on application. Because the interim tariff was issued on an urgent basis, the Board left open a process for participants to propose changes to its order.
