Category: Copyright Collectives

UPDATE: The Court granted CILP’s motion for leave to intervene (as well as all other motions). Last Tuesday the Centre for Innovation Law and Policy (CILP) filed a motion for leave to intervene in the K-12 fair dealing case before the Supreme Court of Canada.  The motion was filed after the deadline of September 12, 2011, along with a request for an extension of time to do so, mainly on the basis that CILP had assumed that the proposed academic interveners, particularly the Association of Universities and Colleges of Canada (AUCC), would adequately represent the interests of the university community …

CILP applies for Leave to Intervene in the K-12 Fair Dealing Case Read more »

On Tuesday, I submitted my Reply to Access Copyright’s (AC) submission regarding the AUCC Application to compel AC to grant transactional licenses.  In my previous submission I pointed out that while the AUCC correctly diagnosed some of the problems, it asked to Board to prescribe the wrong remedy.  I also explained why the conduct that the AUCC complained about might run afoul the Competition Act.   AC responded on July 8.  Basically, AC’s response boiled down to four themes: “I didn’t do it”: flatly denying any wrongdoing without providing any evidence or theory to refute the evidence-based allegations made against it; …

My Reply to Access Copyright’s Submission about Transactional Licenses Read more »

I have submitted my response to the application filed by the Association of Universities and Colleges of Canada (AUCC) to amend the Access Copyright Interim Tariff. The AUCC’s Application draws a dim picture of monopolistic excess, abuse, and inequitable conduct.  It confirms that many of the concerns raised in the course of Access Copyright’s Application to grant the Interim Tariff have materialized.  The Board should intervene to rectify this problem. Unfortunately, while the AUCC correctly diagnosed some of the problems, it asks to Board to prescribe the wrong remedy.  I am not persuaded that amending the Interim Tariff to require …

The AUCC Diagnoses the Problem but Prescribes the Wrong Remedy Read more »

The Copyright Board granted my request to extend the deadline for responding to the AUCC’s Application to amend the interim tariff.  No word yet on my second request to invite the Commissioner of Competition to intervene.  Here’s the Board’s decision: NOTICE OF THE BOARD Mr. Katz’s request of June 15, 2011 to extend the time for responding to the AUCC application regarding transactional licences is granted. Accordingly, today’s deadline to reply to AUCC’s application is extended in the following way: Objectors’ response on the AUCC’s application: by no later than Monday, June 27, 2011. ACCC will be allowed to add to …

Copyright Board Grants Extension Read more »

Last week, the AUCC requested the Copyright Board to amend the Interim Tariff and order Access Copyright to grant transactional licenses (see Howard Knopf’s posts for more details, here and here).  The Board ordered all parties to respond by tomorrow. Earlier today I submitted two applications regarding this matter.  I asked the Board to provide more time to respond to the AUCC application.  I also asked the Board to request the Commissioner of Competition to intervene in this case. Here’s what I wrote to the Board: