Canadian publishers call for renewed dialogue with universities on fair compensation to creators

>>From the Association of Canadian Publishers

Canadian publishers call for renewed dialogue with universities on fair compensation to creators

TORONTO, ONTARIO—(August 3, 2017)—In light of York University’s announcement that it will appeal last month’s Federal Court of Canada decision in Access Copyright v. York University, the Association of Canadian Publishers (ACP) calls on York to stop relying on the copying policies that the Court found unfair, to end the illegal behaviours that result from those policies, and to re-engage in negotiations on fair compensation for the copying and use of copyright-protected materials.

“Now is a responsible time to resume constructive, practical discussions about fair payment for the contributions that creators and publishers make to Canadian education,” said ACP president Glenn Rollans. “York and other educational institutions across Canada, including K to 12 school systems, owe it to the students they educate to pause and reconsider whether their institutional values are truly reflected in their copying policies and behaviour.”

After an extensive examination of the facts and the law, the Court decided unequivocally that York’s copying guidelines are unfair in both their terms and their application. Furthermore, the Court determined that tariffs certified by the Copyright Board are mandatory and enforceable; institutions subject to a tariff cannot “opt-out” and refuse to pay.

“The Court’s decision is evidence-based, and solidly grounded in both the Copyright Act and Supreme Court jurisprudence,” said ACP executive director Kate Edwards. “York’s choice to respond with an appeal, rather than with any change in policy or practice, means that its students will return to class this fall at a university that continues to rely on a copying policy that leads to illegal behaviour.”

“A return to a negotiated licence would ensure that students, instructors and researchers have legal access—at a reasonable cost—to the resources they need,” said Rollans. “Rather than continue to argue in favour of policies that the Federal Court has determined to be unfair, it’s time for educational institutions to come back to a constructive discussion with rightsholders. Canadian publishers are natural partners in Canadian education, and ready to work together towards a fair solution.”

The ACP is the national voice of Canada’s independent English-language book publishers. The ACP supports its 115 members in creating an economically sustainable Canadian-owned and -controlled publishing industry. Visit www.publishers.ca for more information about the association’s programs and mandate.

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For more information contact:

Kate Edwards, Executive Director                             Glenn Rollans, President
[email protected]                                     [email protected]
416-487-6116 x2340                                                         780-953-0238

ACP releases submission on NAFTA and Canadian book publishing

>> From the Association of Canadian Publishers

 

ACP releases submission on NAFTA and Canadian book publishing

TORONTO, ONTARIO—(July 26, 2017)—In its submission to Global Affairs Canada’s consultations on the upcoming renegotiation and modernization of the North American Free Trade Agreement (NAFTA), the Association of Canadian Publishers (ACP) calls for maintenance of NAFTA’s cultural exception, a renewed commitment to Canadian ownership of cultural industries, and stronger protections for copyright and intellectual property. The full submission is available for download from the association’s website.

“The cultural exception is as important to a good agreement today as when it was first established in the Canada-US Free Trade Agreement thirty years ago,” said ACP president Glenn Rollans. “The exception recognizes the unique role that cultural industries play in our respective countries, and has contributed to the growth and development of a thriving Canadian publishing industry. Its maintenance in any modernization of NAFTA is of critical importance to Canadian-owned book publishers, who are responsible for publishing the vast majority of new Canadian authored books each year.”

Trade agreements play a critical role in Canada’s publishing environment, and none is more important than that which governs trade with the United States—independent Canadian publishers’ largest export market and also the source of the sector’s greatest competition. Despite export sales to the US accounting for upwards of 50% of some Canadian publishers’ annual revenues, the balance of trade in books between the two countries tilts very heavily in favour of the US. Books imported to Canada from the US contribute to a trade deficit with the US book industry of approximately $375 million (CAD) each year. Without the government programs and policies the cultural exception makes possible, this deficit would grow and limit the domestic industry’s capacity to publish new Canadian authored books and educational resources.

“Technology has changed the publishing industry dramatically since NAFTA’s adoption, and the cultural exception has been a key factor in Canadian publishers’ ongoing success,” observed ACP executive director Kate Edwards. “At the same time, the upcoming negotiations present an opportunity to strengthen Canada’s commitment to Canadian ownership in cultural industries, and to ensure our international treaty obligations with respect to copyright and intellectual property rights are upheld.”

The first round of NAFTA negotiations is scheduled to take place in Washington, D.C., from August 16-20, 2017.

The ACP is the national voice of Canada’s independent English-language book publishers. The ACP supports its 115 members in creating an economically sustainable Canadian-owned and -controlled publishing industry. Visit www.publishers.ca for more information about the association’s programs and mandate.

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For more information contact:

Kate Edwards, Executive Director

[email protected]

416-487-6116 x2340

Canadian Authors Pleased with Federal Court Decision

>>From Canadian Authors Association

July 14, 2017 – Canadian Authors Association (CAA) applauds the July 12 decision of the Federal Court of Canada in Access Copyright vs. York University, the first major decision dealing with the new Canadian fair dealing exception of educational purposes. In that decision, the Federal Court held that York University could not “opt out” of the Access Copyright tariff system, and that its internal Fair Dealing Guidelines are not fair, both in terms of their content and their application.

 

Five years ago, the federal government added the “education” fair dealing exception as a user right under the Copyright Act. Canada is the only nation with such an exception. A series of subsequent court rulings since then have further jeopardized the right of writers to be paid for their work. The July 12, 2017 Federal Court of Canada decision in Access Copyright vs. York University therefore provides writers with long-awaited good news.

 

“CAA is pleased with the Federal Court decision,” says Margaret Hume, president of the 96-year-old national writers’ organization. “Since 1921, we’ve stood up for the copyright of authors, and it appears that we must continually remain vigilant in defending that right. This court decision protects authors’ right to be paid for the copying of their work. We urge the federal government to take the next steps in bringing about the needed changes in copyright legislation.”

 

“This decision is a positive first step in creating a proper balance between the rights of users and the rights of writers and publishers,” says Anita Purcell, CAA Executive Director. “While there is much work yet to be done on both sides, creators can look forward to the upcoming review of the Copyright Act with greater optimism.”

 

This fall, Minister of Canadian Heritage, the Honourable Mélanie Joly, will convene the mandatory review of the Copyright Modernization Act in which the educational purposes exception was enacted. Along with our sister writers’ and publishers’ organizations, CAA will participate fully in that process.

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Founded in 1921, Canadian Authors Association is Canada’s first and longest-running national writers’ organization and has played an integral role in forging the country’s literary history. Today the association continues to offer resources, learning opportunities, networking, and a special brand of community to writers at all stages of their careers. For general information about the association, visit https://canadianauthors.org/national/

 

Contact:

Anita Purcell
Executive Director
[email protected]

T: 705 325 3926 ext. 202
C: 705 955 0716

Canadian Publishers applaud the Federal Court’s decision in Access Copyright v. York University Case

>> From Canadian Publishers’ Council

Canadian Publishers applaud the Federal Court’s decision in Access Copyright v. York University Case

TORONTO, Ontario, July 13, 2017 – The Canadian Publishers’ Council (CPC) is pleased that the Federal Court of Canada has upheld the rights of creators and publishers with its judgment on fair dealing and tariffs in the Access Copyright v. York University case.

“We are happy to see a ruling that addresses the proper interpretation of fair dealing, and upholds the importance of tariffs to fair compensation for creators,” said James Reeve, President of CPC and Managing Director of Pearson Canada. “This decision opens the door for a return to discussions about how to best serve educators and students in Canada, and an opportunity to re-engage with the Education sector on our common goals, and we look forward to that process.”

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About CPC:
The Canadian Publishers’ Council (CPC) represents the interests of Canadian companies that publish books and other media for elementary and secondary schools, colleges and universities, professional and reference markets, the retail and library sectors. Members employ more than 3,000 Canadians directly, and collectively account for nearly three-quarters of all domestic sales of English-language books, with a significant presence in French-language publishing in Quebec. As importantly, member firms pay over $36 million in royalties to Canada’s writers and creators.

For more information contact:
David Swail
Executive Director Canadian Publishers’ Council
[email protected]

Access Copyright is pleased that the Federal Court of Canada upheld the rights of creators

>>From Access Copyright

Access Copyright is pleased that the Federal Court of Canada upheld the rights of creators and publishers with its judgment on fair dealing which has helped to clarify its application in the context of the educational system.

On July 12, 2017, the Federal Court issued its decision in the action between Access Copyright and York University.  Access Copyright, a copyright collective that represents the creators and publishers of printed and digital works, brought the proceeding in the Federal Court to uphold the rights of its members.

The legal decision, which is the first to review the Fair Dealing Guidelines adopted by the education sector, in this case York University, concludes that “York’s Fair Dealing Guidelines are not fair in either their terms or their application.”

The Court concluded that the guidelines do not meet the test for fair dealing established by the Supreme Court of Canada.

The Court also found that tariffs are mandatory and confirms that, “There is no opting out.”

The Court noted that, “There is a mutual dependence between libraries/professors and the copyright regime which may suggest that a better system of protection and more certain criteria (such as in a licence or in a tariff) would assist all parties interested in education and access to educational materials.”

“The Court struck the right balance between the public good that is education and the need to reward creators to ensure that this public good continues to be well supported by quality Canadian content. Up until today, the state of the law regarding fair dealing left creators and the institutions that copy copyright protected works in a state of uncertainty.” said Roanie Levy, CEO & President of Access Copyright. “This decision will help the parties understand what can be done and paves the way to re-establish stability and royalties to creators.”

Access Copyright would welcome the opportunity for all interested stakeholders to entertain a meaningful dialogue with a view to resolving any outstanding issues between them and establish a relationship that emphasizes the common ground between those who create and those who teach and learn.

“This does not have to be a zero sum game.” said Cameron Macdonald, Chair of the Access Copyright Board of Directors. “We – creators, publishers and educators – have an opportunity and responsibility to serve the considerable common interest between content creation and education.”

Read the full decision here.

Roanie Levy
CEO & President
Access Copyright

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