Access: an e-newsletter e-newsletter for Publisher Affiliates

July 2011 


In this issue
New Copyright Bill Likely This Fall
Fair Dealing in the Post-Secondary Environment
Having Fun with Frank Westcott
Transactional Model for Secondary Uses is Unsuited to the New, Digital Economy
The Access Copyright Foundation Announces This Year's Research Grant Recipients
Access Copyright Signs a Reciprocal Agreement with Japan
Updates from the Legal File
New Copyright Bill Likely This Fall


Vote for Arts & Culture on May 2With the resumption of Parliament after the May 2 federal election, reforming Canada's Copyright Act is back on the federal government's agenda. In the speech from the throne, the federal government pledged "swift passage of copyright legislation that balances the needs of creators and users."  


In an interview given to Sun Media in May, MP Dean Del Mastro (Peterborough) hinted that the new legislation will be very similar to Bill C-32, which died on the order paper in March.  


Come back here to learn more about the bill when it is tabled.


Fair Dealing in the Post-Secondary Environment  

In recent months, several educational institutions have adopted policies similar or identical to the Fair Dealing Policy prepared by the Association of Universities and Colleges of Canada (AUCC). While the AUCC policy is intended to help faculty, staff and students understand what they can and cannot do with copyright-protected materials, it has given rise to some worrying misconceptions. Because fair dealing is a moving target with no hard and fast definitions, it is important for Access Copyright to offer some perspective on behalf of creators and publishers of copyright-protected works.


Read the full document on fair dealing in the post-secondary environment by clicking here.  


Having Fun with Frank Westcott

Frank Westcott
Access Copyright Affiliate Frank Westcott with Gloria Vanderbilt at Exile's Short Fiction Awards on May 28, 2011.
Credit: Michelle Westcott 

In May 2010, inside the cavernous studio where the CBC's hit show Dragon's Den is taped, Access Copyright affiliate Frank Westcott was waiting.  


CBC executives were scrutinizing the set as the show producer assigned to Westcott was explaining what he was going to pitch to the show's five investors: Jim Treliving, Arlene Dickinson, Kevin O'Leary, W. Brett Wilson and Robert Herjavec.


Westcott was going to seek $25,000 for a 33% share in fourteen years worth of unpublished manuscripts and songs that were situated on a bar stool. One of those songs was "The Butt Song." It's what made him stand out at his audition that April and had the CBC calling him to tape a segment for the show. He turned them down three times before saying yes.


The executives wanted to hear "The Butt Song" for themselves. True to form, Westcott - acoustic guitar in hand -- started to sing.


I look in my mirror / It's too much for one guy / And what do I see / My butt, my butt, looking at me / Big butt, little butt, wiggily butt, and jiggily butt


Read more about Frank Westcott's appearance on Dragon's Den. 


Transactional Model for Secondary Uses is Unsuited to the New, Digital Economy

Payment for use is at the heart of copyright. Licensing is simply a business mechanism that allows this to happen.


Collective licensing protects everyone's interests. It ensures that rights holders are compensated for secondary uses of copyright-protected works, and that users are protected from the risk of involuntary infringement.


Transactional licences for secondary uses of works are often not suited to the demands of the new digital economy. They are impractical to implement, costly to administer and do not ensure that all secondary uses are legal.  


A comprehensive licence, on the other hand, is a fast, easy and cost-efficient way to clear copyright protected works. It ensures that uses of works are cleared and tracked in a consistent and structured way, and it's the only way to capture the greatest number of uses that would otherwise be infringing. Comprehensive licences make sense in today's digital environment.


Read more about why the transactional model for secondary uses is unsuited to the new, digital economy by clicking here.


The Access Copyright Foundation Announces This Year's Research Grant Recipients

Access Copyright Foundation 

The Access Copyright Foundation (ACF) is happy to announce the recipients of this year's research grants.


Read more about who this year's research grant recipients are.  


Access Copyright Signs a Reciprocal Agreement with Japan

Access Copyright is happy to announce that it has signed a reciprocal agreement with the Japan Academic Association for Copyright Clearance (JAACC). The agreement covers reprographic reproduction rights for academic works and academic-related rights for print works.


Royalties collected for use of works by Canadian rightsholders copied under this agreement in Japan are sent to Access Copyright for distribution, and vice versa.


Learn more about the Access Copyright's international network of reciprocal agreements.


Updates from the Legal File

Second Heather Robertson Settlement: The second Heather Robertson settlement was approved on May 2 by Justice Carolyn Horkins of the Ontario Superior Court.


The settlement is in relation to a class action lawsuit launched on behalf of freelancers by Heather Robertson against Toronto Star Newspapers Ltd., Rogers Publishing Limited, CEDROM-SNi Inc., ProQuest and CanWest Publishing Limited. A separate settlement was reached with CanWest Publishing Limited and was approved by the Ontario Superior Court of Justice on June 16, 2010.


The lawsuit alleged that the above organizations infringed the copyright of freelance authors who wrote articles and other pieces in publications published by Toronto Star Newspapers Ltd., Rogers Publishing Limited or Canwest Publishing Inc. by subsequently disseminating these works in online databases without obtaining permission.  


View the settlement approval notice in English


View the settlement approval notice in French


Any freelance author that may have written works for any of the above organizations could potentially be covered by this settlement and be eligible for compensation from the settlement fund of approximately $7.9 million. Click here to view the list of publications covered by this settlement


The deadline to submit a claim under this settlement is Saturday, October 15, 2011 at 5:00 p.m. EDT. For more information on making a claim and to access the settlement claim form, please click here.  


For more information on this settlement or if you have any questions about making a claim, please contact Koskie Minsky LLP by email at [email protected]  or by phone at 1-866-777-6343.


Amended Google Settlement: On June 1, U.S. District Court Judge Denny Chin held a quick status conference with Google, the Authors Guild and the American Association of Publishers on efforts to reach a new agreement after the Amended Google Settlement was rejected by Judge Chin on March 22. The parties asked for an additional 60 days to continue work on reaching a new settlement to lawsuits launched against Google that alleged that its scanning/digitization of books for its Google Book Search program infringed copyright in the United States.


Another status conference is scheduled for July 19 in New York.


Want to


Access Copyright Unveils New Website  

Nino Ricci Named to the Order of Canada  

Summer Slices of Culture  

Check Out Some Award Winners  

The Manitoba Writers' Guild Turns 30 in 2012  

Playwrights Guild Unfurls New Website  

Atlantic Summer Reading Guide  


Access Copyright Salutes Two Literary Award Winners  


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