Vol. 149, No. 21 — May 23, 2015

COPYRIGHT BOARD

FILE: Reprography 2005-2014

Tariff of Royalties to Be Collected for the Reproduction, in Canada, from 2005 to 2014, of Works in Access Copyright’s Repertoire by Employees of Provincial and Territorial Governments

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 reproduction, in Canada, from 2005 to 2014, of works in its repertoire by employees of provincial and territorial governments.

Ottawa, May 23, 2015

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, from 2005 to 2014, of works in the repertoire of Access Copyright by employees of provincial and territorial governments.

Short Title

1. This tariff may be cited as the Access Copyright Provincial and Territorial Governments Tariff, 2005-2014.

Definitions

2. In this tariff,

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

but excludes the digital copy. (« copie »)

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

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

“employee” means an employee of one of the licensees, as determined in accordance with the applicable enactments, policies, and bookkeeping practices of that licensee. (« employé »)

“FTE” means a full-time employee or a part-time employee 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 the Nunavut Territory. (« titulaire de licence »)

“published work” means a literary, dramatic or artistic work protected by copyright in Canada, or a part of such 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 »)

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

Application

3. Subject to section 4, an FTE shall be permitted to make and distribute copies of published works in the repertoire, for the purpose of conducting the business of the licensee, including for purposes of delivery of government programs and services by means of activities such as, but not limited to, professional, research, archival, communication and administrative activities of the licensee, as follows:

General Limitations

Attribution

5. The licensee shall notify all persons under its authority who are 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

Notification of the Terms and Conditions of Copying

6. Access Copyright may provide, for free, a notice in the form set out in the Appendix. Each licensee shall make reasonable and good faith efforts to 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

Reporting and Payment

Interest for 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 (1) 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.

Surveying

10. As requested by Access Copyright, but not more than once, the licensee shall cooperate with Access Copyright in measuring a sample of the licensee’s libraries’ holdings and circulation. Access Copyright will work with the licensee to ensure compliance with legislative and policy requirements concerning privacy, security and non-disclosure. Access Copyright will only collect this information for the purpose of distributing royalties. Any request by Access Copyright must be made no later than one year after the publication of this tariff.

Records and Audits

Addresses for Notices and Payment

Delivery of Notices and Payment

Transitional Provisions

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
1.2127 1.1808 1.1360 1.0910 1.0665 1.0615 1.0510 1.0385 1.0260 1.0135

APPENDIX

Under the Access Copyright Provincial and Territorial Governments Tariff, 2005-2014, employees of provincial and territorial governments may make and distribute copies of published works in Access Copyright’s repertoire, for the purpose of conducting the business of the government, including for purposes of delivery of government programs and services by means of activities such as, but not limited to, professional, research, archival, communication and administrative activities of the licensee, as follows:

General Limitations