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.
HPK
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