Canadian Internet Policy and Public Interest Clinic Clinique dintrt public et de politique dinternet du Canada

David Fewer, Director

(613) 562-5800 (x2558) dfewer@uottawa.ca

November 18, 2013 BY ELECTRONIC MAIL Copyright Board of Canada 800 56 Sparks Street Ottawa, IN K1A 0C9 Attention: Gilles McDougall Secretary General Dear Mr. McDougall, Re: RE: Access Copyright Post-Secondary Educational Institutions Tariff, 2011-2013 I write on behalf of the CIPPICs clients, the Canadian Association of University Teachers (CAUT) and the Canadian Federation of Students (CFS) with respect to Professor Katzs letter to the Board dated November 6, 2013. CFS and CAUT support Professor Katzs proposal to make a reference to the Federal Court of Appeal. The issue identified in Professor Katzs letter has created substantial uncertainty in the marketplace. Competing interpretations of the Copyright Act in respect of this issue are generating litigation. This is in turn making it difficult for institutions to manage risk. In the view of CAUT and CFS, all parties affected would benefit by the speedy and efficient settling of the issue of the nature of Access Copyright tariff application. The most efficient way of addressing that issue, it is suggested, would be to make the reference sought by Professor Katz. * * * I trust the foregoing is clear. Please do not hesitate to contact me if you have any questions. Yours truly,

David Fewer Director CIPPIC cc: S. Brooks, Blakes

Universit dOttawa University of Ottawa Facult de droit Faculty of Law 57 Louis-Pasteur, Ottawa (Ontario) K1N 6N5 Canada (613) 562-5800 (2553) (613) 562-5417 (Tlc/Fax) www.cippic.ca cippic@uottawa.ca

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N. Hofley, Blakes A. Katz S. Maguire