Decisions

Decision Information

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Overview

The Association of Universities and Colleges of Canada (AUCC) and Wilfrid Laurier University sought to extend their existing licences with the Canadian Copyright Licensing Agency (CANCOPY) for the use of copyrighted materials. These licences were set to expire on August 31, 1996. The parties were engaged in proceedings before the Copyright Board to determine the royalties and terms for new licences under the Copyright Act.

Parties' Submissions

  • Applicants (AUCC and Wilfrid Laurier University): Requested an interim decision to extend the existing licences with CANCOPY until a final decision could be made by the Board.
  • Respondent (CANCOPY): [Not applicable or not found]

Legal Issues

  • Should the existing licences between CANCOPY and the Applicants be extended on an interim basis pending the Board's final decision?

Decision

  • The Board granted the Applicants' request for an interim decision, extending the existing licences until the earlier of the Board's final decision or August 31, 1997. The terms of the interim licences remain identical to those of the original licences.

Reasons

The Board:

  • Determined that an interim extension of the licences was appropriate to ensure continuity of licensing arrangements while the proceedings to fix royalties and terms under the Copyright Act were ongoing.
  • Specified that the interim licences would expire on the earlier of the Board's final decision or August 31, 1997, and that all other terms of the original licences would remain unchanged.

Decision Content

Copyright Board
Canada

Canada Coat of Arms/Armoiries du Canada

Commission du droit d’auteur
Canada

 

Date

1996-08-21

Citation

FILE: 70.2-1996-1

Regime

Copyright Act, Sections 66.51 and 70.2

Applications, pursuant to subsection 70.2(1) of the Copyright Act, to fix the royalties for a licence and their related terms and conditions.

Members

Michel Hétu, Q.C.

Ms. Adrian Burns

Mr. Andrew E. Fenus

Association of universities and colleges of Canada (AUCC) and Wilfrid Laurier University v. Canadian copyright licensing agency (CANCOPY)

CANCOPY v. AUCC and Wilfrid Laurier University

Reasons for decision

I. DECISION

The AUCC’s and Wilfrid Laurier University’s request for an interim decision is granted upon the following terms:

  • The licences issued by CANCOPY to Wilfrid Laurier University and to University of Lethbridge, which expire on August 31, 1996, are extended on an interim basis.
  • The interim licences will now expire on the earlier of the date of the Board's final decision in this matter or August 31, 1997.
  • In all other respects, the terms of the interim licences shall be identical to those of the original licences.

Reasons for this decision will follow shortly.

Signature

Claude Majeau

Secretary to the Board

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