Access Copyright Post-Secondary Tariffs 2011–2017

Summary#

The Copyright Board approved and published statements saying how much the Canadian Copyright Licensing Agency (Access Copyright) can charge post-secondary institutions for making copies of works in its repertoire for the periods 2011–2014 and 2015–2017. The notice, published December 7, 2019, sets copying limits, per‑student royalty rates, and rules about payment, reporting and audits.

What it does#

• Approves two specific tariffs:
  • Access Copyright Post-Secondary Educational Institution Tariff, 2011-2014
  • Access Copyright Post-Secondary Educational Institution Tariff, 2015-2017
• Sets what copying is allowed (different rules for each tariff):
  • 2011–2014 tariff:
    • Generally allows copies up to 10% of a work.
    • Allows up to 20% when included in a course collection (course pack).
    • Allows full newspaper/article pages, single short stories/poems/essays, encyclopedia entries, whole reproductions of artistic works, or one chapter up to 20% for library patrons.
  • 2015–2017 tariff:
    • Generally allows copies up to 20% of a work (including for course collections).
    • Allows full pages/articles, single short works, reference entries, whole reproductions of artistic works, or one chapter up to 25%.
• Sets per‑student royalty rates (paid by each institution, multiplied by its full‑time‑equivalent students):
  • 2011–2014: $24.80 per FTE for a university; $9.54 per FTE for other institutions.
  • 2015–2017: $14.31 per FTE for a university; $5.50 per FTE for other institutions.
• Notes reduced (half) royalties for specific academic years:
  • 2011–2014 tariff: half rate for 2010–2011 and 2014–2015.
  • 2015–2017 tariff: half rate for 2014–2015 and 2017–2018.
• Other rules included:
  • Institutions can hire subcontractors (for paper course packs) and get credit for royalties subcontractors already paid.
  • Alternate‑format copies (audio, Braille, large print) may be made for students with disabilities when no commercial version is available.
  • Institutions must report FTE numbers, keep records, may be audited by Access Copyright, and pay interest on late amounts.

Who's affected#

• Post‑secondary educational institutions in Canada (the tariffs exclude the province of Quebec by definition).
• Students, staff and library patrons at those institutions who use or prepare course materials.
• Companies or individuals who make course packs (subcontractors) and any third parties licensed to prepare course packs.
• Access Copyright (the collecting agency) and the Copyright Board, which set and approved the tariffs.
• It is less clear from the notice how individual authors or publishers are affected in practice beyond the collective licensing framework.

Why it matters#

• Institutions may owe (or have owed) significant sums based on their number of full‑time‑equivalent students. The per‑student rates determine the size of those payments and can affect college and university budgets.
• The copying limits define what instructors, students and librarians can legally reproduce for classes and course packs without getting separate permission.
• The tariffs include rules for online/course‑management systems (secure networks), so they affect how materials can be posted digitally for students.
• The accessibility rule matters for students with disabilities: institutions can make alternate‑format copies when no affordable commercial version exists.
• The reduction in per‑student rates between the two tariff periods is notable and could affect past settlement amounts or negotiations going forward.