Canadian Lawyer InHouse

august 2014 44 INHOUSE the regulator that establishes royalties — is considering two post-secondary tariffs pro- posed by Access Copyright. The first tariff covers 2011 to 2013. The second covers 2014 to 2017. The board must decide on the first tariff before deciding the second. These tariffs only apply in certain situa- tions: when a school uses copyright-protect- ed material beyond the exemptions described in the fair dealing section of the Copyright Act, and when such a school has not com- pensated rights holders, either via an Access Copyright licence or some other agreement. The Copyright Board proceeding for Ac- cess Copyright's 2011 to 2013 tariff began in 2010. Initially, Access Copyright suggested a rate of $45 per fulltime equivalent student. The previous tariff was $3.38 per FTE stu- dent plus 10 cents per page photocopied. Access Copyright said the new price was all- in, doing away with the additional 10 cents per page and including digital rights. The proceeding has proved conten- tious and long. In September 2013, Access Copyright reduced the tariff rate to $26 per FTE student, aligned with the model post- secondary licence established after nego- tiations with the Association of Universities and Colleges of Canada in 2012. In November, Access Copyright request- ed the Copyright Board merge the two tar- iff proceedings. The group said they raise similar legal issues and the process would be faster. But the board denied that request, noting the 2014 to 2017 tariff involves the "making-available right," whereas the 2011 to 2013 tariff doesn't mention it. The board said the making-available right fundamen- tally changes the way it considers the 2014 to 2017 tariff. In December, University of Toronto law professor Ariel Katz, a strident opponent of Access Copyright's tariffs, stepped away from his role as objector in the 2011 to 2013 proceeding. In a letter to the Copyright Board, he said he withdrew because the process is unfair without including institu- tional representatives such as the AUCC, which withdrew from the proceeding in 2012. "I am concerned that my continued involvement might only serve as a fig leaf covering up a seriously flawed process and outcome," he wrote. Then two more objectors — the Cana- dian Association of University Teachers and the Canadian Federation of Students — an- nounced they were withdrawing, too. "We had to weigh the potential positive impact we can have in the hearing against appear- ing to legitimize a process of which we are increasingly doubtful," said association ex- ecutive director James Turk. Now that so many objectors have with- drawn, the board has decided to play a larg- er role as an objector as well as adjudicator. The organization postponed a hearing sine '' Parties have asked for a 15-day trial. For a copyright case, it's kind of like the Hundred Years War. HOWaRD KNOPF, Moffat & Co., Macera & Jarzyna LLP '' MORE THAN 6,145 CASES CITED Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. CANADIAN EMPLOYMENT LAW STACEY REGINALD BALL CANADA LAW BOOK ® ORDER# 804218-62303 $398 2 volume looseleaf Anticipated upkeep cost - $291 per supplement 3-5 supplements per year Supplements invoiced separately 978-0-88804-218-3 AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. ntitled-3 1 7/13/11 4:01:40 PM 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM

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