e-newsletter for Creator Affiliates

December 2012   


In this issue...
Access Copyright Begins New Chapter
K-12 Schools to Stop Paying for Access Copyright Licence
The ACCC Copyright Policy Does Not Meet the Supreme Court's Fairness Factors
Access Copyright Makes Its Annual Payback Distribution
Access Copyright December Distributions
September Board of Directors Retreat Promises New Direction for Access Copyright
A Chat with Outgoing Executive Director Maureen Cavan
Follow @AccessCopyright and Join the Conversation
Have You Signed Up for Direct Deposit?
Access Copyright Foundation Currently Accepting Applications for Research Grants
What's New with the Writers' Coalition Program


Follow Us on Twitter Today! 

Access Copyright Begins New Chapter
Roanie Levy (Credit: Meaghan Weinberg, In-Vision Studios)
Access Copyright is pleased to announce the appointment of Roanie Levy as its new Executive Director.


Ms. Levy takes the helm having held senior positions with Access Copyright for eleven (11) years. A member of the Executive Team, most recently Ms. Levy's role was General Counsel and Director of Policy and External Affairs. She has degrees from the London School of Economics, Dalhousie University, and Universit´┐Ż de Montr´┐Żal.


"Ms. Levy brings leadership, experience and a wealth of knowledge in working with creators and publishers, as well as the many educators, learners and other content users that Access Copyright serves. Her experience uniquely positions her to guide Access Copyright in developing innovative products and services which respond to both the new legislative environment and new user requirements," said Nancy Gerrish, Board Co-Chair.


Read more... 

K-12 Schools to Stop Paying for Access Copyright Licence 

Access Copyright has been advised by legal counsel to the Council of Ministers of Education (CMEC) that K-12 schools across the country will stop paying the royalties owing to Access Copyright under the tariff defined by the Copyright Board as of January 1, 2013. While not directly stated in the letter, we understand their rationale for this action is a faulty interpretation that all uses covered by the Access Copyright licence are now covered by the new "fair dealing for education" exception in the Copyright Act.


In our opinion, the sweeping interpretations of fair dealing promoted by CMEC in their recently released Copyright Matters! are unfounded and may have a devastating impact on Canadian creators and publishers.


We have been hearing rumours of this impending action for two months and are not surprised to receive this notice. The disappointing fact is that the education sector has taken a unilateral interpretation of the definition of "fair dealing for education" and has ignored our offers to enter into a constructive dialogue on this issue.


While there is no question that this action will have a serious impact on Access Copyright's licencing revenue in 2013, we are working hard on plans to address this challenge and hope to work collaboratively with the education sector to do so.


We will keep you informed on this issue as new developments arise.

The ACCC Copyright Policy Does Not Meet the Supreme Court's Fairness Factors 

The Association of Community Colleges of Canada (ACCC) claims that its "Fair Dealing" policy eliminates the need for an Access Copyright licence. The reasoning behind this position is faulty. As a result, it's an unhelpful approach to deciding what is fair dealing in post-secondary educational institutions.


Learn more about how the ACCC's "Fair Dealing" policy does not meet the Supreme Court's fair dealing test.  

Access Copyright Makes Its Annual Payback Distribution 

PaybackThis year's Payback payment to our creator affiliates was processed at the end of November.


Included with the payment was the K-12 Tariff Special Dividend for Creators which most of our affiliates were eligible to receive.


In September, after a decision from the Supreme Court of Canada, our Board of Directors authorized the release of the majority of royalties collected under the 2005-2009 K-12 Tariff. This distribution included a $3.25 million distribution to our creator affiliates.


Through the Special Dividend, Access Copyright's Board of Directors recognized that the cost of the 2005-2009 K-12 Tariff had been borne by all affiliates regardless of whether their works were used in K-12 schools. All affiliates who registered with Access Copyright by December 31, 2009 received this payment. Those who joined between 2005 and 2009 received a partial payment. The Dividend is based on the claims made for Payback in 2011 (which was for the 20-year period between 1990 and 2009). This special, one-time payment WILL NOT REPEAT in 2013.  


This year's Payback payment also included a larger than usual allocation of corporate royalties from the period 2007 to 2011. This retroactive payment WILL NOT REPEAT in 2013.


All affiliates who joined Access Copyright before December 31, 2011 were eligible to receive this year's Payback payment.


For more information on Payback, please visit our website.

Access Copyright December Distributions 

Access Copyright will be making a series of distributions in December to rightsholders.


These distributions include:

  • Full reporting (title-specific) royalties collected for copying in post-secondary institutions, businesses, not-for-profits and foreign reproduction rights organizations.
  • Royalties collected for copying by corporate licensees.
  • Pending payments include those under $25.
  • Royalties received in September 2012 for Canadian writers from the Authors' Licensing and Collecting Society in the UK.
  • Royalties collected from transactional licences.

Learn more about how we distribute royalties to creators and publishers.

September Board of Directors Retreat Promises New Direction for Access Copyright 
Creator Co-Chair James Romanow (Credit: Gregory Varano)
Publisher Co-Chair Nancy Gerrish (Credit: Gregory Varano)

In September, the Access Copyright Board of Directors and Executive Team held a day-and-a-half retreat at the Kempenfelt Conference Centre in Barrie, Ontario.


The aim of the retreat was to take a critical look at Access Copyright and to see what future directions and future opportunities the organization should pursue and take advantage of in the years ahead.


The atmosphere was informal, the discussion was spirited and the big idea that came out of the retreat is as exciting as it was unexpected. What emerged from the retreat was the bold, new direction to focus outwardly toward users of content.



Recently, we spoke to the co-chairs of the Board of Directors, Nancy Gerrish and James Romanow, about the retreat and the new direction Access Copyright aims to take in the next few years.


Read more... 

A Chat with Outgoing Executive Director Maureen Cavan 
Maureen Cavan (Credit: Gregory Varano)

Retirement is a time for reflection and contemplation.  


As Maureen Cavan, Access Copyright's outgoing Executive Director, looks back on eight-and-a-half years at the helm, she pauses to consider her legacy.


"I don't have a personal legacy," says Maureen. "The agency has a legacy and it's the work that we've all done together to be a collaborative and smart place. It isn't my legacy. It's everybody's legacy."


The importance of people and being able to connect with them is a recurring theme in Maureen's career.


Read More... 

Follow @AccessCopyright and Join the Conversation 

Access Copyright's Twitter feed is now almost 1,000 followers strong.  


If you haven't joined the conversation on Twitter yet, visit us at @AccessCopyright and follow us today.


Our Twitter feed features a daily mix of news about the organization and its people, links to interesting stories about copyright and the Canadian literary scene as well anything else that may be of interest to our followers.


Here's a sampling of some of our recent tweets

Follow us on Twitter today!

Have You Signed Up for Direct Deposit? 

Signing up for direct deposit with Access Copyright is an easy and convenient way to ensure you receive your royalties from us right away.


If you haven't signed up with us for direct deposit, here's why you should today.

  • It's convenient. Your banking can be hassle-free. No more having to go to the bank and make a deposit. You don't have to worry about lost, stolen or misplaced cheques.
  • It's fast. Your money is electronically transferred into your account on time and is available for use instantly once the transfer is complete.
  • It's secure. Direct Deposit is more confidential than paper cheques because fewer people are involved in the process.
  • It saves money. Access Copyright saves money by printing and mailing fewer cheques. Savings that are then passed on to you.

To sign up for direct deposit, please fill out our Direct Deposit Enrolment Form and return it to us, along with a void cheque, by mail to One Yonge Street, Suite 800, Toronto ON, M5E 1E5, Attention: Accounting, by fax to 416-868-1621, or scan and email the form back to us at

Access Copyright Foundation Currently Accepting Applications for Research Grants

Access Copyright Foundation The Access Copyright Foundation is currently accepting applications for Research Grants. The deadline for applications is January 15, 2013.


Download a copy of the Foundation's Research Grants application package.


Research grants are available to creators, publishers and organizations to cover expenses for projects involving research related to the Canadian writing, publishing and visual arts fields that could lead to studies, programs, strategic projects and publishable Canadian works.


The Access Copyright Foundation also has a new website. The site features a new layout, complete information on each individual grant given by the Foundation and an easy-to-use navigation system. Check it out for yourself!


Stay tuned in the near future for a feature article on science writer and Professional Development grant recipient Judy Wearing.

What's New with the Writers' Coalition Program 

The Writers' Coalition Program has announced several improvements to its program offering health and insurance benefits to Canadian creators.


New features of the program include life insurance, and accidental death and dismemberment insurance. As well, payouts for treatments such as massage therapy, chiropractic and traditional Chinese medicine have increased from $35 to $45 per claim.


The Writers' Coalition Program has also recently refreshed its logo and material, and has re-launched its website.  


To see what's new with the Program, click here. 


The Program is constantly improving to ensure its members are well taken care of. The Writers' Coalition understands the artistic community. They understand insurance. They support the community in relevant ways. Because, unlike other financial institutions, they are you!


Access Copyright is a proud member of the Writers' Coalition Program. As an Access Copyright affiliate, you are automatically eligible to join the program. If you are interested, call 1-800-387-8897 ext. 238.

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