From: Heather Morrison <[log in to unmask]>
Date: Tue, 24 Apr 2012 17:06:15 -0700
Open Letter Regarding the Agreement Reached Between Access Copyright
and the AUCC
Forwarding from Jocelyne Thompson, Atlantic Provinces Library
Association (with permission).
April 20, 2012
Open Letter Regarding the Agreement Reached Between Access Copyright
and the AUCC
Dear Presidents of the Universities and Colleges of Atlantic Canada:
The Atlantic Provinces Library Association (APLA) was dismayed to
learn of the agreement reached between Access Copyright and the AUCC.
This is a bad deal from several perspectives, including the following:
Existing Rights and Expanded Definition of Copying - The expansion of
activities defined as "copying" in the model license is of great
concern. The license requires payment for rights already granted under
current copyright legislation. For example, there are provisions
within the Act such as fair dealing that have allowed faculty and
students to copy works without permission or payment. Also, the
license indicates that "posting a link or hyperlink to a digital copy"
is copying, which contradicts a recent Supreme Court of Canada ruling
(Crookes v. Newton).
Further, institutions are already paying heavy premiums to license
digital content, the terms of these licenses granting additional
copying and sharing rights not covered by current legislation. If
institutions agree to the model license, they will be paying for
already existing rights, or paying double for extended rights. Why
would institutions want to do that? And what are the risks for the
future, once Access Copyright has been given this control over royalty
fees?
Increase in Fees - The per FTE student fees have increased from $3.38
to $26. The value offered for this money is questionable on two
counts - the decline of course pack printing in recent years (replaced
by the use of licensed and free digital resources), and the uncertain
number of content owners actually represented by Access Copyright.
The argument has been made that institutions should be paying less,
not more. We agree.
Long Term Implications - Why would AUCC sign this agreement now with
Access Copyright? Bill C-11, the Copyright Modernization Act that is
likely to be passed soon, will expand the fair dealing rights that the
academic community currently enjoy. Copyright decisions pending from
the Supreme Court of Canada, particularly the K-12 case, may also have
positive outcomes. Universities and colleges do not need to pay for
rights they already own, and additional ones they may have in the near
future.
APLA vigorously supports the position taken by the Canadian
Association of University Teachers (CAUT) on this model agreement and
we urge you not to sign on. It is perplexing that institutions of
higher education would consider paying unnecessarily for rights
already belonging to them, particularly at a time when post-secondary
institutions are struggling to balance their budgets. To sign now is
to relinquish the fight before it is over and at a very high price
indeed.
Sincerely,
Jocelyne Thompson
President
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