In response to refusals to accept its proposed licence fee increases, Access Copyright has taken legal action against Toronto’s York University — one of the universities that has opted out.
Students and academic staff expressed concern over a model licence negotiated last year between Access Copyright and the Association of Universities and Colleges of Canada that upped licensing demands to $26 per full time equivalent student annually. Months before, York University, along with 18 other institutions, announced it would no longer operate under the Access Copyright licence, but rely on more flexible arrangements and consider new approaches in providing access to articles and other course materials for its researchers and students.
“Students supported York University’s decision to reject Access Copyright’s licensing agreement in favour of addressing copyright licensing internally,” said Alastair Woods, vice-president of the York Federation of Students. “It’s concerning that Access Copyright is using needless litigation to squeeze money out of public institutions.”
Members throughout the education community have condemned the lawsuit as an intimidation tactic by the copyright collective.
“Access Copyright’s desperate attempt to wrangle public institutions into its obsolete licensing agreements ignores legislative changes and court decisions clarifying fair dealing and copyright in Canada,” said Adam Awad, national chairperson of the Canadian Federation of Students.
“Several colleges and universities have opted for modern copyright policies that rely on fair dealing, open access publishing, and in-house licensing rather than Access Copyright’s archaic models.”
The collective has also filed two applications with the Copyright Board of Canada to impose tariffs on post-secondary institutions without an existing licence agreement.
Michael Geist, a law professor at the University of Ottawa, warns about the potential consequences of the litigation.
“If Access Copyright is successful — although I have to say that based on where the law is at, that seems unlikely — we’re talking about millions and millions of dollars being paid by taxpayers to this group,” he told the Canadian Press.
CAUT has argued that Access Copyright should explore alternative strategies for remaining relevant in an age of open access publishing and expanded fair dealing policies.
In a recent letter to the copyright collective, CAUT executive director James Turk wrote that “it is now clear that Access Copyright’s only plan is to try to hang on to the past. This serves no one well. We urge you in the strongest terms to withdraw your lawsuit against York University, and, instead, pursue a genuine transformation of your organization.”