Decline of the Collective

Decline of Collective Copyright Licensing in Post-Secondaries Explained via the Theory of Fields by Donald Taylor

Why was Access Copyright (CanCopy) initially so successful?

• Mobilized author, politicians, publishers and educators to their view of the copyright world
• Established strong relationships with allies in proximate fields
• High cost of damages for non-commercial copyright infringement
• Indemnity clause in CanCopy licence (similar to an insurance policy for most institutions)
• Reasonable cost
• Risk adverse institutions

March 2010 AC files tariff, as AUCC fails to negotiate 

Overall increase of at least 3X of the total cost of previous AC licence ($35 FTE for colleges)

Access failed because they: 

• Did not plan for lengthy negotiation period
• Did not communicate desire to change to a tariff model
• Incumbency made them take the status quo for granted
• Perceived to be ‘flexing their muscles’ and ‘overplaying their hand’
• Unnecessarily upset post-secondary institutions

Audit premise

Give AC on reasonable notice, right of access throughout the Educational Institutions’ premises, including full access at any reasonable time, to administer they survey

Didn’t understand the nature of academic freedom

Tariff gave challengers something to challenge

• Institutions create own copyright strategies
• Institutions challenge tariff
• AUCC challenge tariff 

Interviewees identified in this study that “Institutions would have signed, grumbled but signed” a licence at $12 or $14 FTE

April 2012 AUCC/ACCC announce model licence deal

$26 for Universities / $10 FTE for Colleges

2016 Testimony reveals 

• Access ready to make a deal
• Cost certainty
• Withdrawing tariff objections was in ‘good faith’ with publishers
• Work on an agreeable survey methodology

AUCC and ACCC actions perceived by many as “a bit all over the place”

Copyright Modernization Act - exceptions for web materials, online learning

Alberta v Access Copyright - expansive definition of fair dealing

Gave many information on how fair dealing should be interpreted in an educational institution

2012 opt-out, and many remaining institutions in 2015 followed suited

Those who stayed with Access did so for “insurance purposes”

2013 AC rallied their troops, but then sued York.  Wanted to negotiate with AUCC which then quickly failed

UC and CICan did not differentiate from K12 sector which could be a failure on our side

88% of students outside of Quebec without a licence

2017 York decision had minimal affect

Two possibilities: 

- Access Copyright as winner, but loss of respect, and significant animousity from post-secondary institutions

- If York wins, opt-out incumbents, coalition form