More "Correcting" and Apology from AC

This was just passed on to me.

HK

*******************

From: HOFLEY, RANDALL
Sent: December 1, 2010 5:34 PM
To: Gilles.mcdougall@cb-cda.gc.ca;

[addresses omitted]

Subject: Re: Access Copyright Post-Secondary Educational Institutions Tariff (2011-2013)

Dear Mr. McDougall:

I write to follow up my email to you of November 30, 2010 (below), for purposes of correcting - effectively supplementing - the information provided therein. This is necessary because the rate currently paid (and payable) by educational institutions that have signed the Proprietary College Licence is different from the rates we indicated yesterday "for the institutions targeted in" Access Copyright's application for an interim tariff and it remains Access Copyright's intention (as per its application) that the interim tariff, effectively, maintain the statusquo, i.e. that each Educational Institution pay the same rates it has been paying under its existing licences for purposes of an interim tariff. Thus, as regards “the precise amounts that, in [Access Copyright's] view, are payable by the targeted institutions and ought to be included in section 14 of the model licence (or any other provision where such figures may be relevant) if the Board were to issue aninterim decision as requested”, Access Copyright's request is as follows:

For Educational Institutions that have signed the Proprietary College Licence:

(i) Schedule “F”, section 1(iii) – the FTE multiplied by $3.58

(ii) Schedule “F”, section 2(iii) – Except for newspapers, $0.11 for each page or printed sheet copied for use in a coursepack

(iii) Schedule “F”, section 3, a maximum of $10.00 for each out of print work copied;

and

(iv) Schedule “F”, section 4, $0.055 for each page or printed sheet of newspaper that is included in a coursepack.

As per my email of yesterday, November 30, for all other Educational Institutions:

(i) section 14(a)(iv) -- the FTE multiplied by $3.38;

(ii) section 14(b)(iv) – Except for newspapers (see section 14(d)), $0.10 for each page or printed sheet copied for use in a coursepack. (This section references section 2(b) of the model licence which refers to the ‘
coursepacks’ that are created and sold by the institutions.);

(iii) section 14(c) – a maximum of $10.00 for each out of print work copied;

and

(iv) section 14(d) -- $0.05 for each page or printed sheet of newspaper that is included in a coursepack.

We apologize for the failure to include the rates for Educational Institutions that have signed the Proprietary College Licence in my email of yesterday, and trust that this information is satisfactory for the Board's purposes.

Please let me know if you have any questions

Regards,

Randall


Randall Hofley
Partner | Blakes randall.hofley@blakes.com
Dir Toronto: 416-863-2387
Dir Ottawa: 613-788-2211
Mobile: 613-203-3084

▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀
Blake, Cassels & Graydon LLP
Barristers & Solicitors
Patent & Trade-mark Agents
45 O'Connor Street
Suite 2000, World Exchange Plaza
Ottawa ON K1P 1A4 Canada
Tel: 613-788-2200 Fax: 613-788-2247
blakes.com