Vol. 148, No. 26 — June 28, 2014
FILE: Reprography 2015-2019
Proposed Statement of Royalties to Be Collected by Quebec Reproduction Rights Collective Administration Society (COPIBEC) for the Reproduction and Authorization to Reproduce, in Canada, the Works in its Repertoire by Universities and Persons Acting Under Their Authority
In accordance with section 70.14 of the Copyright Act, the Copyright Board hereby publishes the proposed statement of royalties filed by the Quebec Reproduction Rights Collective Administration Society (COPIBEC) on March 26, 2014, with respect to royalties it proposes to collect, effective on January 1, 2015, for the reproduction and authorization to reproduce, in Canada, for the years 2015-2019, the works in its repertoire by universities and persons acting under their authority.
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 August 27, 2014.
Ottawa, June 28, 2014
56 Sparks Street, Suite 800
STATEMENT OF ROYALTIES TO BE COLLECTED BY QUEBEC REPRODUCTION RIGHTS COLLECTIVE ADMINISTRATION SOCIETY (COPIBEC)
For the reproduction and authorization to reproduce, in Canada, for years 2015, 2016, 2017, 2018 and 2019, the works in COPIBEC’s repertoire by universities and persons acting under their authority.
1. This tariff may be cited as the COPIBEC University Tariff, 2015-2019.
2. In this tariff,
“academic year” means a 12-month period from June 1 to May 31. (« année scolaire »)
“article” means a work, regardless of its form, format or medium, which is a complete and separate writing in itself but forms part of a journal or periodical. (« article »)
“authorized person” means a student or a staff member from the educational institution. (« personne autorisée »)
“authorized purposes” means education and research. (« fins autorisées »)
“authorized use” means any use allowed under the tariff. (« utilisation autorisée »)
“copyright owner” means concerning the copyright on a specific work, the owner of this right, his agent or beneficiary or any duly authorized representative of such owner, agent or beneficiary, including any reproduction right organization acting as such. (« titulaire »)
“course group” means a specific number of students registered in a course which generally has the following characteristics: a code, a number, a title and a description. (« groupe-cours »)
“coursepack” means, for use by an authorized person as part of a course, and regardless of its reading being mandatory or recommended for the course or otherwise:
- (a) the collection of paper reproductions of repertoire works or excerpts of such works produced by a staff member or a subcontractor for a course group; or
- (b) the digital reproductions of repertoire works or excerpts of such works:
- (i) emailed, or
- (ii) transmitted, uploaded to, or stored on a secure network. (« recueil de cours »)
“digital reproduction” means an original or a reproduction, on a medium, tangible or not, using information technologies be they electronic, magnetic, optical, wireless or others, or a combination of technologies. (« reproduction numérique »)
“education” means pedagogical, educational and similar activities provided by an educational institution to its students, including information sessions, workshops, correspondence courses, distance learning such as televised and on-line teaching, seminars, exams, conferences and symposiums. (« enseignement »)
“educational institution” means any university-level educational institution in the Province of Québec which is recognized as such by the Government of Québec. (« établissement d’enseignement »)
“full-time-equivalent student” or “FTES” means the number of students equivalent full time of the educational institution calculated by the ministère de l’Enseignement supérieur, de la Recherche et de la Science du Québec (MESRS). (« étudiant équivalent temps plein » ou « EETP »)
“repertoire work” means a work for which COPIBEC is empowered by assignment, licence, agency or otherwise, to authorize the reproduction. (« œuvre du répertoire »)
“reproduction” or “reproduce” means the copy, or the creation of a copy, and the making available to the public by telecommunication, in any material form, including a digital reproduction, resulting from one of the following activities:
- (a) copying by a reprographic process, including by xerography or photocopy;
- (b) duplication (by stencil) or drawing (including tracing) and any similar process;
- (c) scanning a paper copy in order to produce a digital reproduction;
- (d) printing a digital reproduction;
- (e) transmission by email or facsimile;
- (f) storage of a digital reproduction on a local storage device or medium;
- (g) posting or uploading a digital reproduction on a secure network, or storing a digital reproduction on a secure network;
- (h) downloading a digital reproduction from a secure network and storing it on a local storage device or medium;
- (i) showing a work by using a computer or any other device, including an overhead projector and a slide projector; and
- (j) displaying a digital reproduction on a computer or any other device. (« reproduction » ou « reproduire »)
“secure network” means a network operated by the educational institution or a subcontractor duly authorized to act on behalf of the educational institution, and which is only accessible by an authorized person approved by the educational institution by way of an authentication process that, at the time of login or prior to accessing the work, identifies the authorized person, whether by a user name and a password or by any other equally secure method. (« réseau sécurisé »)
“staff member” means any faculty member or researcher, speaker, member of the administrative staff and any other category of employees of the educational institution. (« personnel »)
“student” means any person duly registered in an education activity in the educational institution, in compliance with the registration rules of the educational institution, and that is accounted for in the calculation of FTES. (« étudiant »)
“subcontractor” has the meaning given at article 6. (« sous-traitant »)
“trimester” means a subdivision of the academic year in fall, winter and summer trimesters. (« trimestre »)
“work” means a literary, dramatic or artistic work or part of such work, protected by copyright in Canada, of which copies have been made available to the public with the authorization of the copyright owner. (« œuvre »)
“year” means a calendar year. (« année »)
3. (1) Subject to compliance with the conditions and obligations in sections 4 and 5, the tariff authorizes the educational institution and its staff members, for any authorized purpose, to
- (a) Reproduce up to fifteen per cent (15%) of any repertoire work for a course group; and
- (b) Reproduce the whole or any part of a repertoire work that is
- (i) an article,
- (ii) an entire page from a newspaper or a periodical,
- (iii) any lyrics from a song or other text accompanying a song,
- (iv) a short story, a play, a poem or essay, or an article, from a work containing other works,
- (v) an entire entry from an encyclopedia, an annotated bibliography, a dictionary or a similar reference work,
- (vi) an entire reproduction of an artistic work (including any drawing, painting, printing, photograph, graph, engraving, illustration or other reproduction of a work of sculpture, an architectural work or a work of artistic craftsmanship) included in a repertoire work, or
- (vii) an entire chapter, provided that it does not exceed twenty per cent (20 %) of a book.
(2) The sole reproductions that a student is allowed to make under the tariff are the following:
- (a) digital reproductions on a local storage device or medium; and
- (b) one paper reproduction
- of a digital reproduction of a repertoire work communicated to the student in compliance with the tariff.
General Conditions Applicable to all Repertoire Works
4. (1) Reproductions of repertoire works shall only be used for authorized purposes.
(2) Reproductions shall not be distributed, transmitted or made available to a person who is not an authorized person.
(3) In view of paragraph 3(1)(a) and subparagraph 3(1)(b)(vii), in any case, no cumulative or systematic reproduction of a repertoire work shall be done in excess of the percentages set out in these paragraphs, for the same course group during the same trimester.
(4) A repertoire work reproduced for a specific trimester may, however, be the object of a new authorized use during any subsequent trimester. Such authorized use shall be done in compliance with the conditions and obligations of the tariff.
(5) Reproductions of repertoire works shall not be stored or indexed for the purpose of creating a library of works.
(6) Reproductions of repertoire works shall be faithful and accurate reproductions of the originals works.
(7) Any reproduction of repertoire works shall be done from works lawfully obtained by the educational institution, from any authorized source whatsoever.
(8) For further certainty, this tariff only applies to authorized uses of repertoire works. COPIBEC in no way grants a licence that authorizes or warrants to the educational institution and the authorized persons access to the repertoire works.
(9) This tariff constitutes a tariff under paragraph 30.3(2)(c) of the Copyright Act.
Additional Conditions Regarding Digital Reproductions of Repertoire Works
5. (1) Digital reproductions of repertoire works shall not be transmitted to, made available from, uploaded to, posted or stored on, any computer network other than a secure network.
(2) Digital reproductions of repertoire works stored on a secure network shall only be made available to authorized persons.
(3) Digital reproductions of repertoire works shall not be transmitted to, made available from, uploaded to, posted or stored on, any device or medium, computer or computer network, including Internet or any other public network, in a way that makes them available to or accessible by the public.
(4) Within the limits of the rights vested in COPIBEC by copyright owners, the educational institution or a staff member is authorized to keep a lesson as defined in section 30.01 of the Copyright Act, for the duration of the tariff.
(5) Nothing in this tariff prevents the educational institution or an authorized person to use Internet or any other public network to access a repertoire work for the purpose of using it in compliance with this tariff.
(6) When it is no longer covered by this tariff, the educational institution shall inform its subcontractors and all authorized persons. The educational institution, its subcontractors and the authorized persons shall immediately cease to use the digital reproductions of the repertoire works, delete them from their hard drive, servers, networks and any other device or medium capable of storing digital reproductions and, on written request from COPIBEC, certify that they have done so. An authorized person can, however, keep a single copy of such reproduction for his or her own use.
6. (1) The educational institution may authorize a third party (a « subcontractor »), by written agreement, to carry out any authorized use under this tariff, subject to the conditions set out in sections 2, 3, 4 and 5 and of the following additional conditions :
- (a) the educational institution shall keep a record of all agreements with its subcontractors;
- (b) the educational institution shall provide, on written request from COPIBEC, a copy of all such agreements within twenty (20) business days from the reception date of such request;
- (c) the subcontractor shall undertake to collect and provide to COPIBEC the information referred to in subsection 7(1) and comply with all conditions, restrictions and limitations set out in this tariff; and
- (d) the subcontractor shall not further subcontract any right granted or obligation imposed by its agreement with the educational institution.
(2) For further certainty, the amounts payable by the educational institution under section 8 cover any authorized use of any repertoire work by any subcontractor of the educational institution in accordance with this section. No other compensation is payable to COPIBEC from these subcontractors for such authorized uses by these subcontractors.
Reports Regarding the Reproduction of Repertoire Works
7. (1) For each coursepack produced or communicated in application of this tariff, the educational institution will give to COPIBEC, via an electronic file, for each repertoire work, the following information :
- (a) the title of the work;
- (b) the name of the author;
- (c) the name of the publisher (books) or the publication (periodical, newspaper);
- (d) for a book, the number of chapters reproduced with the number of the corresponding pages;
- (e) the total number of pages of the reproduced work;
- (f) in the case of paper reproductions of repertoire works : the number of copies of the coursepack; and
- (g) in the case of digital reproductions of repertoire works : the number of students registered to any course group to which the coursepack is intended for.
The paper reproductions and digital reproductions of a same coursepack for the students of a same course group are the object of only one declaration accounting for the total number of students in the course group to which the coursepack is meant for.
(2) The educational institution may use one of the existing forms of electronic files or use COPIBEC’s electronic form or online declaration system. For each academic year of the tariff, the electronic file shall be sent to COPIBEC on January 31 for reproductions done between June 1 and December 31 and on July 31 for reproductions done between January 1 and June 30.
8. The educational institution shall pay to COPIBEC an annual royalty of twenty-eight dollars ($28) multiplied by the number of its FTES.
9. (1) The educational institution shall provide to COPIBEC, no later than May 1 of each year of the tariff, a written notice of the number of its FETS, as established by the ministère de l’Enseignement supérieur, de la Recherche et de la Science du Québec (MESRS) for the previous year.
(2) Subject to subsection 9(4), the amount of royalties due by the educational institution is payable in two equal installments as the following payment schedule:
- (a) a first installment payable on January 5, of each year of the tariff; and
- (b) a second installment payable on July 1 of each year of the tariff.
(3) COPIBEC will send to the educational institution an invoice stating the amount due by the educational institution.
(4) In view of the time required for the compilation of the number of FTES by the ministère de l’Enseignement supérieur, de la Recherche et de la Science du Québec (MESRS), the amounts payable in application of section 8 are calculated in consideration of the data available on the dates specified in the payment schedule in subsection 9(2). In the event of a variance in the number of FTES in effect for a year of the tariff, the required adjustment will take effect with the first installment of the following year of the tariff. This principle of accounting adjustment shall apply beyond the end of the tariff or, as applicable, to any installment due under the terms of a new tariff. In the absence of a new tariff, this accounting adjustment shall occur no later than July 1 following the communication, by the educational institution, of the number of FTES for the last year of the tariff.
10. Any payment not received by COPIBEC by its due date will carry interest from that date to the reception of the payment. Interest shall be calculated daily at a rate equal to one percent (1%) above the bank rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
11. The educational institution shall ensure that its staff members and subcontractors indicate on at least one page of any reproduction of repertoire works
- (a) the name of the author and publisher;
- (b) the title of the work;
- (c) the date of publication;
- (d) the ISBN or ISSN number (or any other similar code); and
- (e) the number of the reproduced pages and the number of reproductions.
Notice of the Terms and Conditions Applicable to the Reproduction of Repertoire Works
12. The educational institution shall affix within the immediate vicinity of each machine or device used to make, visualize or transmit reproductions, and post on the secure network, at a place and in a manner that is easily visible and readable for the persons using the machine, device or secure network, a notice of the conditions of this tariff and the tools available to confirm the status of a work as a repertoire work.
13. (1) The educational institution shall keep and protect, for a period of six (6) years following the end of the academic year to which they are related, records of the information related to the reports that are due to COPIBEC under this tariff.
(2) Once per academic year, COPIBEC, with a seven (7) days’ written notice to the educational institution, may audit these records during normal hours of business.
(3) If chosen for an audit, the educational institution shall warrant complete collaboration with COPIBEC from all authorized users and itself.
(4) In the course of each trimester, at its request and own expenses, COPIBEC may obtain from the educational institution a copy of the coursepacks produced or communicated to the students.
(5) In the course of each trimester, on reasonable notice, the educational institution shall provide to COPIBEC complete access to its secure network. The educational institution can request reasonable arrangements for supervision to ensure the security of its systems and computer networks, to protect the confidentiality of personal information or other confidential information, and to preserve academic freedom and privacy of users of its systems and computer networks.
14. The educational institution shall take all measures to warrant respect of the conditions and obligations of the tariff by its staff members and subcontractors.
Addresses for Notice and Payment
15. (1) Anything sent by the educational institution to COPIBEC, shall be addressed to
Quebec Reproduction Rights Collective Administration Society
606 Cathcart Street, Suite 810
(2) Anything sent by COPIBEC to the educational institution shall be sent to the last address notified in writing to COPIBEC.
Delivery of Notice and Payment
16. (1) A notice may be delivered by hand, by postage-paid mail, by fax or 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 (3) business days after the day it was mailed.
(3) A notice sent by fax or email, or a payment delivered by electronic bank transfer, shall be presumed to have been received on the first business day following the day it is sent.
Transitory Provision: Interest Accrued Before Publication of the Tariff
17. 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].