July 18, 2017 [via email]

Gilles McDougall
Secretary General
Copyright Board of Canada
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9

Objection to Proposed Statement of Royalties to Be Collected by Access Copyright

for the Reproduction, Communication to the ion to the Public by
Telecommunication, Making Available to the Public, in Canada, of Works in its
Repertoire (Post-Secondary Education 2018-2020)

Dear Mr. McDougall,

Pursuant to subsection 67.1(5) of the Copyright Act, I wish to file an Objection to the
Proposed Statement of Royalties to Be Collected by Access Copyright for the
Reproduction, Communication to the ion to the Public by Telecommunication, Making
Available to the Public, in Canada, of Works in its Repertoire (Post-Secondary Education
2018-2020).

I am a post-secondary student pursuing a Continuing Education program in Occupational

Health and Safety at Ryerson University. I am thus a Student as defined in the
Proposed Tariff.

Procedural Issue

Before outlining the reasons for my objection, I would like to request that the Board
consider me an Objector for the purposes of this proceeding. Section 67.1(5) of the
Copyright Act provides that:

(5) As soon as practicable after the receipt of a proposed tariff filed pursuant to
subsection (1), the Board shall publish it in the Canada Gazette and shall give notice
that, within sixty days after the publication of the tariff, prospective users or their
representatives may file written objections to the tariff with the Board.

The question I pose to the Board is whether I, as an individual post-secondary student,

should have standing before the Board as an Objector. I put it to the Board that each
student at a post-secondary institution meets the ordinary definition of user in the Act.
Specifically, the Proposed Tariff imposes specific rights and obligations on me, and how
I deal with any copies of documents come into my possession, in Articles 4 and 5 of the
Proposed Tariff. Furthermore, the proposal from Access Copyright is to switch to a
strictly per student tariff of $26 per Full-time equivalent student. Experience shows
that these tariffs get passed on, generally dollar for dollar, to individual post-secondary
students.
Given these two key facts, which I would be happy to pursue in more detail, I believe that
the term user applies to individual students engaged in a course of study

Substantive Issues

I object to the Proposed Tariff for a number of reasons:

1) Definition of Copy

The Proposed Tariff includes amongst its list of compensable copy activities the
act of projecting an image using a computer or other device (paragraph (i)) and
displaying a Digital Copy on a computer or other device (paragraph (j)).

The Copyright Act explicitly provides an exception for educational institutions to

reproduce works for instructional purposes that embraces these acts. Paragraph 29.4(1) of
the Copyright Act provides that:

It is not an infringement of copyright for an educational

institution or a person acting under its authority
for the purposes of education or training on its premises
to reproduce a work, or do any other necessary act, in
order to display it.

2) Definition of Library

Sub-section 4(3) inappropriately prohibits the indexing or storage of copied

works with the intention or result of creating a library of Published Works. However,
students and professors now regularly employ tools such as desktop search engines to
search through a personal library of scholarly articles to find relevant passages. The
Proposed Tariff could have the unanticipated effect of barring use of such technological
productivity tools in academic settings.

3) Quantum of the Tariff

The Proposed Tariff calls for a royalty of $26.00 per full-time equivalent student
for Universities, and $10.00 per full-time equivalent student for other Educational
Institutions.

These amounts do not appear to be based on any market related reality, particularly given
a students fair dealing rights, as well as the considerable efforts by post-secondary
institutions to substitute away from copyrighted materials and towards materials available
under open source permissions.
I look forward to providing more details on my objections before the Board as it
considers the Proposed Tariff and objection(s) thereto.

Best regards,

Sean Maguire

27 Carola St.
Ottawa, Ontario
K2G 0X9

smagu039@uottawa.ca