a term that would take universities beyond both the Copyright Board decision on thecurrent tariff and the potential effective date of the next tariff on January 1, 2014;
a better price per FTE student -- $26 -- than had been achieved by the two individualuniversities, given that AUCC represented a larger group of members;
enhanced acknowledgement of the purpose of the reporting requirements, including arecognition of the importance of respecting privacy, academic freedom, and universitycollective agreements;
a mechanism for negotiation of future agreements that would, to the extent possible,avoid another Copyright Board hearing;
a guarantee that the model licence "trumps" the tariff;
and an enhanced retroactivity agreement with respect to institutions that had opted outand may now choose to sign an agreement, and those who had remained within the tariff.Access Copyright has agreed that the best retroactivity discounts available to universities will beavailable those that indicate in writing to Access before May 1, 2012 that they expects to sign thelicence, and then actually sign before June 30, 2102. While you need to indicate your intent tosign the licence by May 1, you may still reconsider your options after that date, and you couldchoose to delay signing (in which case the discount will be lower), or not sign at all.In terms of the price per FTE, the negotiating team found itself with little room to manoeuvre.Our Quebec members currently have an agreement with Copibec, under which they pay $25.50per FTE, for less material than covered under the model licence. Meanwhile, the University of Toronto and Western University had settled their agreement at $27.50 per FTE.AUCC members and students currently pay an average price to Access of about $17 per FTE. Inits discussions, the Board noted that, for many members, the indemnity and the certainty of priceprovided for under the agreement are beneficial for institutions that will choose in future tocontinue to remain under the tariff as well as those that may choose to sign the model license atthis point, but continue to position themselves to opt out in future.
Potential risks of operating without a licence
Board members also discussed potential risks to members who choose not to sign a licence withAccess Copyright, and want to ensure that members are fully aware of these before making theirown institutional decisions on whether or not to sign the licence endorsed by the AUCC Board.Risks to institutions include legal, reputational and financial.It is anticipated that Access Copyright will be vigilant in seeking examples of copyrightinfringement among institutions that choose to remain opted-out. An author or publisher,potentially with the support of Access Copyright, would be entitled to claim damages for eachunauthorized use of a copyright work found to have been used on a university campus. As analternative to claiming damages, a copyright owner could claim statutory damages under the
of between $500 to $20,000 for
work copied. Bill C-11, the
Copyright Modernization Act
, will reduce the statutory damages for non-commercial infringements tobetween $100 to $5,000 in total damages. Bill C-11 is expected to become law this summer.Commercial infringements, however, will still be liable for the higher statutory amounts.