Follow Up on Prof. Katz's Reference Request to Copyright Board re AC's "Mandatory Tariff" Theory

 Here’s some follow up on Prof. Katz’s significant submission requesting a reference by the Copyright Board to the Federal Court of Appeal regarding the “mandatory tariff” or “single reproduction” theory.

To recap, here’s my blog with links regarding his letter of November 6, 2013.

Here’s the Board’s Notice of November 7, 2013 which contains a link in turn to AC’s submission of November 7, 2013.

Here’s CIPPIC’s submission of November 8, 2013.

Here’s AC’s submission of November 11, 2013.

Here’s Prof. Katz’s submission of November 12, 2013.

Here’s the Board’s Order of November 13, 2013 (with emphasis added):

From: <Gilles.McDougall - at - cb-cda.gc.ca>
Date: November 13, 2013 at 5:54:24 PM EST
To: <ariel.katz - at - utoronto.ca>, <Randall.hofley - at - blakes.com>, <Nancy.Brooks - at - blakes.com>, <dfewer - at - uottawa.ca>, <smagu039 - at - uottawa.ca>
Subject: Access Copyright Post-Secondary Educational Institution Tariffs, 2011-2013

ORDER OF THE BOARD

The following order deals with three issues: the submission filed by Professor Katz on November 12, 2013 outside the process established by the Board; the request by Professor Katz to adjourn the proceedings in the above-mentioned file; and, the request by Professor Katz for a reference to the Federal Court of Appeal.

Professor Katz’s submission of November 12, 2013 is clearly out of order and the Board rejects it outright. The Notice of the Board of November 7, 2013 is clear and unequivocal as to the timing of responses and replies the Board required in this instance. Where the Board issues timelines to be abided to by the parties, any deviation therefrom may only be made with prior leave from the Board.

The application for the adjournment of the proceedings before the Board is denied. It is the Board’s opinion that, regardless of the Board’s ruling on the application for a reference to the Federal Court of Appeal, the proceedings should not be postponed.

In the event that the Board decides to refer the matter to the Federal Court of Appeal as proposed by Professor Katz, no decision by the Court would render the proceedings before the Board moot. The existing timetable for the proceedings is therefore maintained. Parties are expected to govern themselves accordingly.

With respect to the application for a reference to the Federal Court of Appeal made by Professor Katz, the following timetable is hereby established:

The Canadian Association of University Teachers (CAUT), the Canadian Federation of University Students (CFUS) and Mr. Maguire may provide additional comments on Professor Katz’ application of November 6, 2013 by no later than Monday, November 18, 2013 at noon;

Access Copyright may respond to all objectors’ submissions by no later than Friday, November 22, 2013;

Professor Katz may reply to all submissions by no later than Friday, November 29, 2013.

Gilles McDougall
Secretary General | Secrétaire général

Copyright Board of Canada | Commission du droit d'auteur du Canada
56 Sparks, Suite| Bureau 800
Ottawa ON K1A 0C9
Telephone | Téléphone 613.952.8624
Gilles.mcdougall - at - cb-cda.gc.ca

And here’s the University of Toronto’s submission of November 18, 2013  filed earlier today pursuant to  Section 2 of the Directive On Procedure, which shows that that Canada's largest research intensive university is concerned about the "mandatory tariff " or "single reproduction" theory and that it "respectfully submits that the reference request made by Prof. Katz affords the best opportunity for rights holders, collective societies, and users such as the University to gain certainty about a critical element in the copyright compliance regime..."

And here’s CIPPIC’s submission of November 18, 2013 on behalf of CAUT and CFS.

 HPK