Access Copyright believed that institutions simply could not opt-out of its licence, claiming that an opt-out would amount to “an absolute ban on all copying” since the only possible way to legally copy materials was to pay the collective. ... The Supreme Court of Canada dismissed all of its key legal arguments ... the government expanded fair dealing with the inclusion of education, universities opted-out of the Access Copyright licence in droves, and dozens adopted fair dealing policies that called into question whether there was much value in the licence at all. ... Access Copyright’s new approach appears to focus on ... lower prices to reflect the reduced value of its licence and more options for universities and colleges. ... Access Copyright is gradually lowering its prices, but it may not succeed in significantly altering the market for its licences since its best case scenario is merely to keep some universities within the fold ... rather than bring back those that left several years ago. ... (T)here is one further consideration that universities should factor into any decision: the York University litigation. For many years, the universities effectively funded Access Copyright’s litigation and Copyright Board costs, with the collective setting aside millions to pay for legal and lobbying fees. To return to that state of affairs while litigation is ongoing makes little sense. Before universities once again start sending millions to Access Copyright, they might demand that it stop suing them first. michaelgeist.ca/2014/12/little-late-access-copyright-finally-acknowledges-reduced-value-licence/
Posted on: Wed, 10 Dec 2014 15:00:40 +0000
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