Vol. 148, No. 19 — May 10, 2014

COPYRIGHT BOARD

FILE: Reprography 2015-2018

Proposed Statement of Royalties to Be Collected by Access Copyright for the Reprographic Reproduction, in Canada, of Works in its Repertoire

In accordance with section 70.14 of the Copyright Act, the Copyright Board hereby publishes the proposed statement of royalties filed by the Canadian Copyright Licensing Agency (Access Copyright) on March 28, 2014, with respect to royalties it proposes to collect, effective on January 1, 2015, for the reprographic reproduction, in Canada, of works in its repertoire by employees of provincial and territorial governments.

In accordance with the provisions of the same section, the Board hereby gives notice that prospective users or their representatives who wish to object to the statement may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than July 9, 2014.

Ottawa, May 10, 2014

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 2015, 2016, 2017 and 2018 of works in the repertoire of Access Copyright by employees of provincial and territorial governments.

1. Short title

This tariff may be cited as the Access Copyright Provincial and Territorial Governments Tariff, 2015-2018.

2. Definitions

In this tariff,

Copy” means a reproduction of a Published Work made by any of the following processes:

and includes the Digital Copy. (« Copie »)

Copying” means making a Copy. (« Copier »)

Digital Copy” means any electronic file of a Published Work. (« Copie numérique »)

FTE” means a full-time employee or individual working for the Licensee under contract or a part-time employee or individual working for the Licensee under contract whose combined ordinary working hours are counted in proportion to a full-time employee’s ordinary working hours. (« ETP »)

Licensee” means Her Majesty the Queen in Right of British Columbia, Her Majesty the Queen in Right of Alberta, Her Majesty the Queen in Right of Saskatchewan, Her Majesty the Queen in Right of Manitoba, Her Majesty the Queen in Right of Ontario, Her Majesty the Queen in Right of New Brunswick, Her Majesty the Queen in Right of Nova Scotia, Her Majesty the Queen in Right of Newfoundland and Labrador, Her Majesty the Queen in Right of Prince Edward Island, Her Majesty the Queen in Right of the Yukon Territory, Her Majesty the Queen in Right of the Northwest Territories and Her Majesty the Queen in Right of Nunavut. (« Titulaire de licence »)

Published Work” means a literary, dramatic or artistic copyright work protected by copyright in Canada, or a part of such copyright work, of which copies have been issued to the public with the consent or acquiescence of the copyright owner, including but not limited 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 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 »)

Secure Authentication” means a process of authentication that, at the time of login, identifies each user, whether by user name and password or by some other equally secure method. (« Authentification sécurisée »)

Year” means a calendar year. (« Année »)

3. Application

Subject to sections 4 and 5 hereof, an FTE shall be permitted to make and distribute Copies of Published Works in the Repertoire, for the non-profit purposes of conducting business within the mandate of the Licensee and for purposes of the delivery of government programs and services, including but not limited to professional, research, archival, communication and administrative activities of the Licensee, as follows:

4. General Limitations

5. Additional Limitations Regarding Digital Copies

6. Attribution

The Licensee shall notify all persons entitled to make Copies under this tariff that, where reasonable under the circumstances, Copies made and/or distributed shall include, on at least one page,

7. Notification of the Terms and Conditions of Copying

Access Copyright shall provide for free, and each Licensee shall affix, within the immediate vicinity of each machine or device used for making Copies in a place and manner that is readily visible to and legible by persons using such machine or device, a notice in the form set out by the Copyright Board.

8. Royalties

9. Reporting and Payment

10. Interest

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 (1%) above the Bank of Canada Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

11. Surveying

When requested by Access Copyright, but not more than once a year, the Licensee shall co-operate with Access Copyright in implementing a method of data collection reasonably required to assist Access Copyright in distributing royalties paid by the Licensee under this tariff.

12. Records and Audits

13. Addresses for Notices and Payment

14. Delivery of Notices and Payment

15. Transitional Provision: Interest Accrued before the Publication of the Tariff

Any amount payable before [insert date of publication of the tariff] shall be due [insert date immediately following the publication of the tariff] and shall be increased by using the multiplying factor (based on the Bank Rate) set out in the following table [insert table with applicable Bank Rate].