Report to: General
Committee Report
Date:
SUBJECT: Access Copyright
- Municipal Government Photocopying Licence Renewal
PREPARED BY: Catherine M. Conrad, Town Solicitor X4737
RECOMMENDATION:
THAT the Mayor and Clerk be authorized to execute a Municipal Government Licence with Access Copyright, the Canadian Copyright Licensing Agency, to permit the photocopying of copyrighted materials, including digital copies, at the Town, including annual renewals thereof.
PURPOSE:
To obtain Council’s authorization for the Town to enter into a Municipal Government Licence with Access Copyright that will permit the Town to legally photocopy materials that are subject to copyright under the federal Copyright Act, R.S. 1985,c.C-42.
BACKGROUND:
Copyright
The Copyright
Act establishes a copyright in relation to various types of works. Pursuant to s. 3 of the Act, the owner of a
copyright has the sole right to produce or reproduce a work or any part
thereof, in any form. Section 27 of the Act
provides that it is an infringement of an owner’s copyright for any person,
without the consent of the owner, to do anything that the owner has the right
to do by virtue of the Copyright Act (including reproduction by means of
photocopying).
In the case
of infringement, a copyright owner has certain legal protections and available
remedies which may be difficult to enforce given the wide dissemination of
materials in which copyright subsists.
In light of those difficulties, the Copyright Act enables
“collective societies”, to operate on behalf of copyright owners.
Status
of Access Copyright
Access Copyright is a not-for-profit
collective society. It was established in 1988 by writers and publishers
and was formerly known as CANCOPY (Canadian Copyright Licensing Agency). Access
Copyright represents nearly 2 million works, more than 5,100 Canadian creators
and over 450 Canadian publishers. It manages and administers
copyright for these owners by granting licensing agreements in return for
payment of royalties that are distributed back to the owners.
The Copyright
Act recognizes the existence of the concept of “collective societies”,
such as Access Copyright, who administer copyright on behalf of a large group
of copyright owners and collect and distribute remuneration and royalties for
these owners. It is similar in function and organization to SOCAN, which
is the well-known and longer-established collective society that administers
copyright for musical artists, songwriters, composers and producers.
Municipal
Licensing
In 2001,
the City of
Alternative
means of complying with the Copyright Act are simply not viable as the
Town would have to stop photocopying copyrighted materials or obtain copyright
permission directly from the copyright owner each time material is
photocopied. This would means dealing
with each and every publisher individually.
Form
of Government Photocopying Licence
The form of
Municipal Government Licence developed by Access Copyright (copy attached)
would grant the Town a licence to photocopy works protected by copyright. The Town would be authorized to make hard
copies of copyrighted materials for non-profit purposes of conducting municipal
government business and the delivery of municipal programs and services. Copies
may be made by municipal employees and other persons associated with the
municipality. The licence authorizes the
making of such number of copies as are required to satisfactorily conduct
municipal business but it does not permit photocopying as a substitute for
works which would ordinarily be purchased or the making of copies of portions
of works where the portion copied would be commercially available as a separate
publication. In addition, this licence would indemnify the Town against any
copyright infringement claims regarding the copying of copyrighted works.
Annual Licensing Cost
The annual cost of the licence is $2.50 multiplied by the number of
full-time equivalent employees (FTEs) of the Town. The licence is for a one-year term, which is
renewable annually unless either party terminates the agreement by written
notice 2 months before the end of the term.
The current Licence expires
CONCLUSION:
It is
recommended that the Town comply with the Copyright Act by entering into
a Municipal Government Licence with Access Copyright, which ensures fair
compensation to copyright owners and copyright infringement protection to the
municipality at the least cost to the Town.
FINANCIAL CONSIDERATIONS:
The annual
municipal licence fee is calculated at $2.50 per FTE. For the Town, the total annual fee for 2009 would
amount to $3,347.36 ($2.50 x 1,251 FTEs + $107.25 Administrative fee and
$112.61 GST).
BUSINESS UNITS CONSULTED AND
AFFECTED:
The Finance
Department has been consulted in the preparation of this report.
ATTACHMENTS:
None.
RECOMMENDED
BY: ________________________
Catherine M. Conrad
Q:\Legal\REPORTS\Reports
2009\Access Copyright report.doc