From: "HOFLEY, RANDALL" <RANDALL.HOFLEY@blakes.

com>
Date: Sun, 5 Dec 2010 14:46:06 ‐0500
To: "

[email addresses omitted]

Subject: RE: Access Copyright Post‐Secondary Educational Institutions Tariff (2011‐2013)

Dear Mr. McDougall:

As requested by the Board on December 3, 2010 below, attached is “a draft interim tariff that
reflects the terms of the model licences, with such modification as necessary” (in word and PDF
versions).

For ease of reference, an explanation of the differences between the draft interim tariff, the
Gazetted tariff and model licences (as applicable) follows below. Generally, we have used the
language from either the Gazetted proposed tariff or the model licence in this draft. Definitions
and section numbers have been changed to match the language of the draft and the tariff is
described as an “interim tariff” throughout. The other specific changes are as follows:

Sections 1 through 5 (Title, Definitions, Application, General Conditions, Additional

Conditions)

Sections 1, 2, 3, 4 and 5 reflect the wording in the Gazetted tariff, except for the removal of
definitions that have no application in the draft interim tariff.

Section 6 (Reporting)

Section 6(1) is taken from section 13 of the model licence. Section 6(2) is taken from section
11.1 of the model licence. The only changes to the wording were made to reflect the definitions
in the draft interim tariff, and to carve-out any requirement to report for digital copies.

Section 7 (Royalties)

Section 7 contains the relevant payment amounts from the model licence. The changes to this
section were made to clarify the wording, reflect the definitions in the draft interim tariff, and to
remove royalties that were infrequently paid under the model licence for purposes of simplicity.

Section 7(3) is intended to capture the interim nature of this tariff.

Section 8 (Payment)

The different model licences (annual, trimesterly and quarterly) have different reporting periods.
The intent here is to maintain the status quo for the institutions. So, we have reflected all
possible iterations of these reporting periods in this section, as follows:

For section 8(1), we have chosen the latest date from the model licences for the reporting of the
FTE count.
To ensure that all institutions remain on the same payment schedules as they have been
historically, the various reporting schedules are mapped out in 8(3)(a) through (d) with language
(ie. “within 60 days of”) that is the same as the model licences.

Section 8(3)(e) is intended to capture any institution that may have or may want a different
reporting schedule than the model licences.

If an interim tariff is certified by the Board, there are some payments that would have been due on
November 30, 2010 for the period starting January 1, 2011. To account for this, we have
included section 8(3)(f), which allows for that amount due to be payable by February 28, 2011.

Section 8(4) reflects language from section 16(c) of the model licence to address the reporting
requirements for coursepacks.

Section 9 (Interest)

Section 9 reflects the interest provisions of the model licence.

Sections 10 and 11 (Attribution and Notification)

Sections 10 and 11 reflects the language of the Gazetted tariff.

Section 12 (Audit and Sampling)

Section 12 has identical wording to the model licence, but for changes to the definitions and to
carve-out the right to audit and sample on digital copies.

Section 13, 14 and 15 (Compliance, Address and Delivery of Notices)

Sections 13, 14 and 15 are identical to the proposed tariff. These reflect the current correct
address information.

We trust this overview is helpful, and would be pleased to answer any questions the Board may
have about the attached draft interim tariff.

Regards,

Randall

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Blake, Cassels & Graydon LLP
Barristers & Solicitors
Patent & Trade-mark Agents
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Suite 2000, World Exchange Plaza
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Tel: 613-788-2200 Fax: 613-788-2247
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From: Gilles.McDougall@cb-cda.gc.ca [mailto:Gilles.McDougall@cb-cda.gc.ca]

Sent: Friday, December 03, 2010 11:31 AM
To:

[email addresses omitted]

Subject: Access Copyright Post-Secondary Educational Institutions Tariff (2011-2013)

NOTICE OF THE BOARD

The Board has received from Access Copyright the royalty rate information it
requested in its order of November 26, 2010. Whether the application for an interim
decision will be granted remains an open issue. However, if the application is
granted, it is probable that the decision will take the form of a tariff, not a licence.
For this reason, the Board would appreciate receiving forthwith from Access
Copyright a draft interim tariff that reflects the terms of the model licences, with
such modifications as necessary.

Gilles McDougall
A/Secretary General | Secrétaire général par int.

Copyright Board of Canada | Commission du droit dʹauteur du Canada

56 Sparks, Suite| Bureau 800
Ottawa ON K1A 0C9
Telephone | Téléphone 613.952.8624
Gilles.mcdougall@cb-cda.gc.ca