Friday, June 07, 2013

Good News from Simcoe Hall at University of Toronto re Access Copyright (#ACdeal)

U of T has shown strong leadership by decisively giving Access Copyright notice that it will exercise its right to not extend the current license beyond the end of the year. In doing so, U of T invites AC to negotiate a "substantially" better deal:

if there is to be a renewal of the License there needs to be a clear, demonstrated value to the University over the course of the renewal term – a value that takes into account and gives credit for the expansive interpretation of fair dealing endorsed by the Supreme Court, as well as the amendments to the legislation and other factors.

As I am sure you will understand, the University also continues to explore all its options, including alternative approaches that would involve utilizing other licenses, fair dealing and legislative authorizations to provide comprehensive availability of relevant material for the University’s teaching and learning activities.
            (Emphasis added)

This is a wise approach that shows leadership, confidence and an appreciation of the position of strength that U of T and other institutions now enjoy by virtue of recent legislation, Supreme Court of Canada decisions, and other factors. This also shows U of T’s wisdom in insisting on its right to end the license at the end of 2013, two years earlier than other universities that signed the AUCC model license deal on the basis of the “negotiated settlement” that came as such a shock to virtually all AUCC members in April of 2012.

Congratulations to U of T and to President David Naylor, Provost Cheryl Misak, Senior Legal Counsel Steve Moate, and others involved in this important decision. This good news comes three weeks earlier than the June 30, 2013 deadline everyone was watching. Decisiveness is indeed a virtue.


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