All eight of New Zealand's universities are being taken to
the New Zealand Copyright Tribunal for refusing to agree to an increased annual
licence fee which allows lecturers to copy authors' work for students. After a
year of negotiations, Universities New Zealand (UNZ) has refused to a proposed
$6 increase which has resulted in Copyright Licensing New Zealand (CLNZ) filing
a case with the Tribunal. CLNZ has said that there has been an increase in the
average number of pages copied and many students were charged extra for ‘course
packs’ which contain copyright material: CLNZ chief executive Paula Browning says many
universities have increased student fees by the maximum amount allowable, and
then charge students additional fees for course packs which contain copyrighted
materials saying “"Fees charged per pack are significant - up to $85.00 in
some cases. At the same time the universities are paying just $20 per student
per year to compensate authors and publishers whose works are included in the
course packs” adding "Despite increases in the average number of pages
being copied per student and the ability the licence gives universities to
provide copies electronically to students, the universities aren't prepared to
agree to the modest $6 increase in the annual fee sought, which hasn't been
adjusted in over five years." The licensing scheme, operated by CLNZ ensures
authors and publishers are remunerated for the use of their work.
A UNZ spokeswoman said CLNZ had chosen, without
consultation, to refer its demands to the tribunal. The universities' copyright
licence expired on December 31, but has been extended by CLNZ until the case is
heard. No timeline is available as yet. The Copyright Tribunal is mandated to
investigate what a reasonable fee is, taking into account all relevant
circumstances.
1 comment:
All interested parties in New Zealand might wish to read the landmark 2012 ruling of the Supreme Court of Canada ("SCC") on fair dealing in the educational context. See Province of Alberta v. Access Copyright http://bit.ly/Wf9CWL
Likewise, see the SCC's ruling on "reearch" and fair dealing in CCH v. LSUC http://bit.ly/WCoWip
As well, here are the current fair dealing guidelines from the University of Toronto:http://bit.ly/10r3oTB
A large number of post-secondary institutions have concluded that there is no need to obtain a license from Access Copyright, the collective that is seeking $45 per student in the form of a "tariff" from Canada's Copyright Board.
The English speaking school boards for the K-12 have decided to stop paying licence fees to Access Copyright effective January 1, 2013.
Given the common ancestry of "commonwealth" countries and the cognate nature of the various copyright laws descending from the 1911 UK legislation, these Canadian developments may be of considerable interest.
HPK
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