Possible Subpoenas for Colleges and Universities – Copyright Board

September 28, 2011

A recent ruling issued August 18^th by the Copyright Board of Canada suggests that unless certain universities and colleges that have opted out of the Access Copyright tariff produce information about their use of protected works, they could be subpoenaed to do so.

Approximately 34 post-secondary schools in Canada have indicated they are opting out of the interim tariff (the existing fee - $45 per full-time student) and 27 of those schools have yet to answer interrogatory requests from Access Copyright regarding how they currently use materials.

In the ruling Gilles McDougall, secretary general of the Copyright Board of Canada stated that the absence of evidence on the copying practices of opt-out institutions “can only make it more difficult for the board to design the final tariff so as to respond to any legitimate concerns of these institutions.”