Appendix A

From: Sent: To: Cc: Subject:

Andrew Simpson Friday, April 08, 2011 9:25 AM 'Susan Gardner' Jennifer Lamantia RE: Access Copyright Info

Here you go... Jennifer Lamantia, Manager of Licensing Development Email: Jlamantia@accesscopyright.ca Toll-free: 18008935777 ext. 342 Best, Andrew

From: Susan Gardner [mailto:sgardner@municipalworld.com]

Sent: Thursday, April 07, 2011 5:06 PM
To: Andrew Simpson

Subject: Re: Access Copyright Info
Thanks Andrew. Good chatting today. Thanks for this information. appropriate arrangements? Susan On 2011-04-07, at 5:01 PM, Andrew Simpson wrote: Is there a contact email and telephone number we can direct them to, to make the

Hi Susan: I'm glad we were finally able to speak. Sorry it took so long. I've attached a communique we sent to post-secondary institutions in early January explaining the interim tariff and the options available for both print and digital copying. The communique includes a deadline for opting into the digital component of the tariff-please note that deadline has been extended indefinitely. Institutions can opt in for digital copying at any time. When you receive requests we suggest you take the position that the tariff is your chosen business model for digital permissions. If they balk at that, it's your choice how hard a line you take. Some institutions will claim to have "opted out" of the tariff entirely. This is virtually impossible. The tariff is an imposed licence with the same weight as a court decision and it provides the same copying terms and limits as the old post-sec licence (plus the added option for digital). The only wayan institution would be able to "opt out" entirely would be an absolute prohibition on all copying. Just one copy of one page by one professor is sufficient to trigger the tariff ... Any questions about any of this, please just ask!
1

All the best,
Andrew Simpson· Affiliate Relations Licensing Agency

Access Copyright, The Canadian Copyright One Yonge Street, Suite 800 Toronto, ON MSE 1ES 416.868.1620 ext. 246 www.accesscopyright.ca

<Post Sec Communique_01_12_2011_Final.pdf>

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2

Appendix B

From:
Sent:

To:
Subject:

Wallace-Cox, Susan [Susan. Wallace-Cox@pearsoncanada.com] Wednesday, April 27, 201112:43 PM Andrew Simpson RE: Coursepack compliance audit

Thanks Andrew. We'll be in touch if we need more assistance and in the meantime, we will certainly let requesters know that we cannot handle the increased volume and that they can't just "opt out"! Susan W-C

From: Andrew Simpson [mailto:ASimpson@accesscopyright.ca]

Sent: April 27, 2011 12:31 PM
To: Wallace-Cox, Susan

Subject: RE: Coursepack compliance audit
Hi Susan: I completely understand your reluctance to take to hard a line with customers. It's really unfortunate that publishers are being put on the hotseat like this. Perhaps a passive-aggressive approach is a more palatable deterrence? You can say "yes" while still demonstrating that you don't have the staff to process the increased volume in a timely manner. Processing transactional permissions is slower and more costly for all concerned and there's no need to try to hide that fact. Thanks again for your insight. review/update on tariff. Best, Andrew And I'd be happy to make time for a meeting if you think your staff would benefit from a

Sent: Wednesday, April 27, 201110:13 AM
To: Andrew Simpson

From: Wallace-Cox, Susan [mailto:Susan.Waliace-Cox@pearsoncanada.com]

Subject: RE: Coursepack compliance audit
Thanks for this info Andrew. I was not aware of the "opt out" information and we can pass this info on to requesters, but as you know, It's a fine line for us. If we are too firm with certain professors or institutions, they can always take their business elsewhere, but it's good to know about this clause. We have been trying to refer people to Access Copyright, but some are determined that they want to deal directly with us. I'll pass this message on to Amanda Campbell, who deals with our in-coming permission requests, and perhaps she can quote your info about opting out. We'll see what happens. It would be good if Access Copyright could pass this message on in a fairly blunt way to all licensees and maybe you already have, but who knows how people are interpreting the message. There are a lot of people who simply do not understand copyright issues or the ramifications of illegal photocopying. Susan W-C

From: Andrew Simpson [mailto:ASimpson@accesscopyright.ca]

Sent: April 26, 2011 5:54 PM
1

To: Wallace-Cox, Susan Subject: RE: Coursepack compliance audit
Hi Susan: Thanks for your feedback. It's useful to hear what's happening on the permissions front re: the interim tariff. on campus. To be clear, it's virtually impossible to "opt out" of the interim

There is certainly a lot of misinformation

tariff. The only wayan institution would be able to "opt out" would be an absolute ban on all copying. Just one unlicensed copy of one page is sufficient to trigger the tariff. Our hope is that all requests for uses that are covered under the tariff will be referred to us. We suggest you tell the universities that the interim tariff is your chosen business model for post-secondary permissions-take it or leave it. It's up to each publisher how strong a position they want to take in that regard. But do keep in mind that the final tariff rate will likely be set using a study of copying volume under the interim tariff. Any material that's licensed directly from the publisher will be excluded from the volume analysis. It won't be excluded from future copying once the tariff is established, but it will be excluded from both the overall valuation and, more importantly, the initial calculation of your share of that total. I will enquire about our communications strategy and the possibility of ruling out a retroactive an arbitration processes like this doesn't lend itself to reasonable and/or good-faith gestures. increases. Unfortunately Anything we give up can

and will be used to undercut our position even further. If the institutions really wanted cost certainty they had ample opportunity to negotiate in good faith before the old licence expired. Instead their strategy was to attempt to bring down the whole collective licensing model by refusing to negotiate. uncertainty on us all. Best, Andrew They chose this path and have brought the current

From: Wallace-Cox, Susan [mailto:Susan.Waliace-Cox@pearsoncanada.com] Sent: Tuesday, April 26, 2011 1:58 PM To: Andrew Simpson Subject: RE: Coursepack compliance audit
Hi Andrew: Apologies for the delayed response. I had an extra long weekend (took Monday off too) and am just now trying to catch up with e-mail. I don't handle the in-coming permission requests so I'll have to ask Amanda Campbell to check this over and let you know if it's something she has handled. She is off for the rest of this week unfortunately so you won't get a response until next week. Amanda did mention that she's been receiving a few phone calls from professors who are telling her that their university is not taking part in the interim tariff agreement even though the amount remains the same until 2013 (for now anyway). Apparently, they are concerned that if the Copyright Board overturns this decision, the universities will be forced to make back-payments retroactive to 2011. We are very worried about this because, as you may recall, we simply do not have the staff in the Permissions dept. to handle an increased volume of permission requests. Amanda said that she got the feeling that the queries she is receiving are people trying to get an idea of what they will have to do in order to come directly to us for permission rather than going to Access Copyright. I hope Access Copyright can send a message to all universities, assuring them that there will be no back payments required, if by chance, the Copyright Board overturns its decision to leave the current rates in place. I'm sure you have your hands full with all the queries about the "interim tariff" situation, but is there a plan to notify everyone about the interim tariff situation. A lot of the people we are receiving queries from do not seem to understand what is going on. We received the notification that was sent to "all licensees" back in January, but for some reason, many people/institutions are not convinced or are worried about future charges being levied. Susan W-C
2

Sent: April 21, 2011 4:23 PM
To: Wallace-Cox, Susan

From: Andrew Simpson [mailto:ASimpson@accesscopyright.ca]

Subject: Coursepack compliance audit
Hi Susan: We've been doing some compliance audits with print coursepacks produced at the University of Guelph for Winter 2011. I've attached a copy of the TOC from a sample coursepack with the following content credited to Pearson Education:

The copyright page indicates this content was licensed directly from the rightsholder. Would you be able to say if this was granted by your office? Or would is this likely to have been handled by the US office? or CCC? We'd like to make sure rightsholders understand the long term implications of allowing institutions to circumvent the interim tariff. Specifically, this copying will be excluded from the volume analysis that will determine tariff and any retroactive rate increases. Perhaps I could check in with you about this sometime next week? All the best,
Andrew Simpson· Affiliate Relations Licensing Agency

Pearson's share of the eventual

In the meantime,

have a great long weekend.

Access Copyright, The Canadian Copyright One Yonge Street, Suite 800 Toronto, ON MSE 1ES 416.868.1620 ext. 246 www.accesscopyright.ca

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3

Appendix C

Sent: January-18-10
To: Steve Wills

From: Brian O'Donnell [mailto:BODonnell@accesscopyright.ca]
10:34 AM Karen Adams (Karen_Adams@umanitoba.ca)

Cc: Roanie Levy; Steve Jarrett (jarrett@uwo.ca);

Subject: RE: Follow-up from AUCC Board Meeting
Thanks for the information Best regards, Steve. We look forward to hearing from you in April.

Brian O'Donnell Director of Business and International
Access Copyright One Yonge Street, Suite 800 Toronto, ON MSE 1ES (416) 868-1620 ext. 236 bodonnell@accesscopyright.ca www.accesscopyright.ca

Development

This message, including any attachments, may contain confidential and proprietary information. If you are not the intended recipient of this message, or have otherwise received this message in error, please notify us immediately by return e-mail and be advised that the use, disclosure or copying of any portion of this message is unauthorized and may be unlawful. Please permanently delete the original message, including any attachments; without making a copy. Ce message et to utes les pieces jointes sont confidentiels et etablis I'intention exclusive de ses destinataires. Si ce message ne vous est pas destine, ou si vous avez recu ce message par erreur, veuillez Ie mentionner lmmedlaternent a l'expedtteur et effacer ce courriel, ainsi que to utes les pieces ci-jointes. Toute utilisation, diffusion ou reproduction non autorlsee est interdite.

a

From: Steve Wills [mailto:swills@aucc.ca]

Sent: Monday, January 18, 2010 9:40 AM
To: Brian O'Donnell
Cc: Roanie Levy; Steve Jarrett (jarrett@uwo.ca); Karen Adams (Karen_Adams@umanitoba.ca)

Subject: Follow-up from AUCC Board Meeting Hi, Brian. At its January teleconference meeting, the AVCC Board of Directors had a preliminary discussion of the AVCC model licence with Access Copyright but did not give AVCC a negotiating mandate. We will be
2

returning to the AUCC Board during its April meeting with further information and expect to receive final instructions at that time. AUCC is unable to meet with Access Copyright before our Board gives the matter further consideration in April. Steve Wills Manager, Legal Affairs / Gestionnaire, Affaires juridiques Association of Universities and Colleges of Canada Association des universites et colleges du Canada 600-350 rue Albert St. Ottawa, Ontario K1R 1B1

if (613) 563-3961, x234
~ (613) 563-9745 kBJ swills@aucc.ca

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AppendixD

CRKN
2000-2010
THIS LICENSE AGREEMENT IS MADE AS OF the 1st day of January 2011

BETWEEN
1 ELSEVIER B.V. of Radarweg 29, 1043 NX Amsterdam, The Netherlands ("the Publisher")

and 2 CANADIAN RESEARCH KNOWLEDGE NETWORK of 200-343 Preston Street, Preston Square, Tower Two, Ottawa, Ontario, Canada KIS IN4 ("the Consortium")

WHEREAS the Publisher holds or administers the rights granted under this Agreement, AND WHEREAS the Publisher desires to grant to Members of the Consortium the License to use such rights for the Fee, subject to the terms and conditions of this Agreement, IT IS AGREED AS FOLLOWS: 1. DEFINITIONS 1.1 In this Agreement, the following terms shall have the following meanings:

Authorized Users

Each Member and each employee, including faculty, of the Member (whether on a permanent, temporary, contract, adjunct, formal affiliation or visiting basis) and individuals who are currently studying at the Member, who are permitted to access the Secure Network from within the Premises or from such other places where Authorized Users work or study (including but not limited to Authorized Users' offices and homes, halls of residence and student dormitories) and who have been issued by the Member with a password or other authentication and such other users as are identified on Schedule 1.

Commercial Use

Use of the Licensed Materials for the purposes of monetary reward (whether by or for the Consortium, or Authorized Users or Walk-in Users) by means of sale, resale, loan, transfer, hire or other form of exploitation. For the avoidance of doubt, neither recovery of direct costs exclusive of the Fee by any Member from Authorized Users or Walk-in Users, nor use by the Consortium, or Authorized Users or Walk-in Users of the Licensed Materials in the course of research funded by a commercial organization, nor the payment of a fee by a person in order to be registered with the Member as a Walk-in User, is deemed to constitute Commercial Use. A collection or compilation of materials (e.g. book chapters, journal articles) assembled by a Member for use by its students in a class for the purposes of instruction. The electronic items as set out in Schedule 3 including textual, numerical and statistical data; indexes, abstracts and other metadata; graphics, images; linking data; and any other data which the Publisher has the right to license, or to which access is provided by the Publisher, pursuant to the terms of this Agreement, as may be supplemented Of modified from time to time by or on behalf of the Publisher but subject to the terms of this Agreement.

Course Packs

Database

Electronic Learning Environments The use of electronic systems, such as course management systems, on a Member's Secure Network for use by its students in connection with specific courses of instruction offered by a Member to its students. Electronic Reserve Electronic copies of materials (e.g. book chapters, journal articles) made and stored on the Secure Network by the Consortium or by a Member for use by its students in connection with specific courses of instruction offered by a Member to its students. The Fee set out in Schedule 2 as may be amended from time to time by agreement between the parties. The Database and Licensed Software as set out in Schedule 3 as may be amended from time to time by agreement between the parties. The software to be made available by Publisher as set out in Schedule 3 intended for use to search, view, retrieve, display,

Fee

Licensed Materials

Licensed Software

download and print any electronic item in the Database, as may be modified from time to time. Member A university, other educational institution or research organization that is a member of the Consortium and listed in Schedule 4, and which has agreed by virtue of its membership to be bound by the terms and conditions of this Agreement. The intervals for payment of the Fee set out in Schedule 2. The physical premises of the Member, at which a computer having an IP address, as set out in Schedule 5, is installed. A third party appointed from time to time by the Publisher
to act on the Publisher's behalf who undertakes any or all of the

Payment Schedule Premises

Publisher's Representative

Publisher's obligations under this Agreement, as agreed between the Publisher and the Publisher's Representative. Secure Network
A network (whether a standalone network or a virtual network

within the Internet) that is only accessible to Authorized Users and Walk-in Users approved by a Member whose identity is authenticated at the time of log-in and periodically thereafter consistent with current best practice, and whose conduct is subject to regulation by the Member. Server The server, either the Publisher's server or a thi rd party server designated by the Publisher, on which the Licensed Materials are mounted and may be accessed. The titles of the Licensed Materials for which a Member paid an electronic subscription (Le, excluding the titles added to the Member's entitlement solely through access to the Freedom Collection of the Licensed Materials) plus all titles in the Academic Press Collection of the Licensed Materials referenced in Schedule 3. The data and reporting requirements specified in Schedule 6, made available to the Consortium and Members in machinereadable form. Individuals other than Authorized Users, whom a Member has permitted to have occasional access to the Secure Network at a computer workstation physically located on the Member's Premises.

Subscribed Titles

Usage Data

Walk·in Users

2.

GRANT OF LICENSE

2.1 The Publisher hereby grants to the Consortium and the Members the non-exclusive and nontransferable right to permit Authorized Users wherever located to access the Licensed Materials via a Secure Network and using the access methods specified in Schedule 3 for the purposes of research, teaching, private study, and administrative use associated with the normal practices and activities of the Consortium and the Members, subject to the terms and conditions of this Agreement. The Consortium agrees to pay the Fee and abide by the Payment Schedule as specified in Schedule 2. 2.2 This Agreement shall commence as of the date of this Agreement and shall terminate automatically on December 31, 2014, unless previously terminated in accordance with the terms of this Agreement. 3. USAGE RIGHTS

3.1 The Consortium and the Members, subject to clause 6 below, may: 3.1 J Make such local electronic copies of part of the Licensed Materials by means of caching as may be necessary solely to ensure efficient use of such materials by Authorized Users and Walk-in Users. Allow Authorized Users and Walk-in Users to have access to the Licensed Materials induding an integrated author, article title and keyword index of Licensed Material, from the Server via the Secure Network. Provide single printed or electronic copies of single articles upon request to individual Authorized Users. Allow Authorized Users to have access to the Licensed Materials through the Member's Electronic Learning Environment. Display, download or print the Licensed Materials for the purpose of internal marketing or testing or for training Authorized Users.

3.1.2

3.1.3

3.1.4

3.1.5

3.2 Authorized Users and Walk-in Users, subject to clause 6 below, may: 3.2.1 3.2.2 3.2.3 3.2.4 Search, view, retrieve and display the Licensed Materials. Electronically save individual items from the Licensed Materials for personal use. Print single copies of individual items from the Licensed Materials. Distribute single copies of individual items from the Licensed Materials in print or electronic form to other Authorized Users; for the avoidance of doubt, this sub-clause shall include the distribution of a copy for teaching purposes to all individual student Authorized Users in a class at a Member.

3.3
4

Intentionally deleted.
SUPPLY OF COPIES TO OTHER LIBRARIES

4.1 Members, subject to clause 6 below, may print and supply to a library of a non-commercial educational or research institution located within Canada (whether by post, fax or scanning and secure transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing), for the purposes of research or private study and not for Commercial Use, a single paper copy of an electronic original of an individual item from the Licensed Materials. 5 COURSE PACKS AND ELECTRONIC RESERVE

5.1 Members, subject to clause 6 below, may incorporate both links and downloaded items from

the Licensed Materials in electronic Course Packs and Electronic Reserve collections and printed items from the Licensed Materials in printed Course Packs and Reserve collections for the use of Authorized Users in the course of instruction at a Member, but not for Commercial Use. Each such downloaded and printed item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, and the Publisher. Copies of such items shall be deleted by the Member when they are no longer used for such purpose. Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to Authorized Users who, in the reasonable opinion of the Member, are visually impaired. 6 PROHIBITED USES

6.1 Neither the Consortium nor Authorized Users nor Walk-in Users may: 6.1.1 6.1.2 remove, obscure or alter the authors' names or the Publisher's copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials. use any software such as webcrawlers, or any other means to systemically search, scrape, extract, deep link, index or make print or electronic copies of multiple extracts of the Licensed Materials for any purpose or to otherwise substantially or systematically reproduce, retain or redistribute the Licensed Materials. mount or distribute any part of the Licensed Material on any electronic network, including without limitation the Internet and the World Wide Web without the prior written consent of the Publisher or except pursuant to any separate agreement as the Publisher and a Member may enter into.

6.1.3

6.2 The Publisher's explicit written permission must be obtained in order to: 6.2.1 6.2.2 use all or any part of the Licensed Materials for any Commercial Use. systematically distribute the whole or any part of the Licensed Materials to anyone other than Authorized Users other than permitted under clause 4.1.

AppendixE

NRC Research Press - Scientific Publishing

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