Copy This – Our work is not free

Ruth E. Walker

At a recent panel discussion at The Writers’ Community of Durham Region, an inevitable topic came up: money. A question from the floor about payment for work triggered an emphatic response that writers, like all other artists, need to remember to ask for—and expect—payment for our work.

But not unreasonably, we also need to recognize that income for writers comes from a range of activities, not just putting words to the page. For me, that includes designing and delivering practical writing workshops, and providing a range of coaching and editing services for other writers.

Write for money?

Few authors can live exclusively off our royalties from book sales and big money movie rights. Frankly, if people wrote just for the money, I suspect there’d be many empty spaces on bookshelves. But again, that’s the reality for most artists. It’s a passion that drives us. A dream of creation. A love for the rush of putting the best possible words in the best possible order. A compelling desire to create a connection with readers.

Whatever it is that puts our butts in the chair and fingers on the keyboard, it’s also why some of us don’t stand up and demand reasonable compensation for our work.

(Un)fair deals

In 2012, the Copyright Modernization Act, Bill C-11, created a new set of exceptions for “fair dealing” for “educational purposes.” The Writers’ Union of Canada published an article by lawyer Jeananne Kathol Kirwin in Write magazine that explores those exceptions and the impacts.

Our posts from 2018 and 2019 offer some general background on the legal fight to restore compensation for writers and the negative effect those new exceptions set in motion.

In short, writers’ incomes dropped significantly from an already subsistence-level reality. And it became open season for institutions to copy Canadian writers’ work for free.

On December 6, the Copyright Board of Canada issued a ruling that reinstates per-student fees for colleges and universities. It’s an amazing development and it changes everything.

As Access Copyright‘s President and CEO, Roanie Levy said: “The Copyright Board decision serves as the foundation for renewal of the symbiotic relationship that exists between creators and education after almost a decade of uncertainty. Access Copyright looks forward to working with our partners in education to ensure that students continue to have easy and affordable access to content.”

The decision from the Copyright Board of Canada gave postsecondary institutions a deadline of March 9, 2020 to pay the outstanding royalties. Access Copyright would be able to distribute royalty payments to registered authors by the end of 2020. If the institutions fail to meet the March 9th deadline, Access Copyright will have to take further action to ensure they comply.

Open season is closed

So thank you to Access Copyright and The Writers’ Union of Canada for their tireless and consistent work on postsecondary institutions skewed interpretation of what “fair dealing” meant. In short, for institutions it meant educators copying our work, distributing it to students and not paying for it. Payment for education purposes used to mean the institution paid annual fees to Access Copyright. In turn, Access Copyright paid out annual compensation to authors.

As an author registered with Access Copyright, I receive a cheque each year. It isn’t a lot of money but it is payment for the use of my work in classrooms or businesses that choose to excerpt my writing for their purposes. That cheque dropped significantly once colleges and universities walked away from licensing agreements with Access Copyright.

A future built on the past

Over the years, I’ve let a lot of financial opportunity pass me by. I’m one of those insecure writers, with that negative voice in the back of my brain. The one that whispers that one day I’ll learn that I’m not truly meant to be a writer. That I’ve just been lucky. That any success has nothing to do with talent or vision. That I’m fooling myself. So the annual cheque from Access Copyright has always been a validation that counters my insecurities.

If my publisher hadn’t pushed me to register with Access Copyright, I may not have done it. I’ve watched how Access Copyright fought hard to bring truth to “fair dealing” for all creatives. And my membership in The Writers’ Union of Canada has meant I’ve had a front row seat to the amazing advocacy of Executive Director John Degan, who, along with the Writers’ Union board and dedicated members, helped to bring us to this stage.

The copyright fight is not over. To quote the Writers’ Union press release: “We have rates to work with,” said TWUC Executive Director John Degen, “so that’s good; and we remain confident pending court decisions will clarify that claims of fair dealing have been grossly exaggerated.”

The Copyright Board of Canada’s ruling is a significant step in the right direction. And that small voice in the back of my head is a whole lot quieter.

Copyright Advocacy Update

We writers know the power of words to influence others. I can attest to that working on a political level for fifteen years in the communications field in provincial government. I saw how various letter writing campaigns influenced government ministers to consider, reconsider or revise policy decisions.

We also know that the issue of copyright is so important for all writers and artists, and a simple letter could make all the difference.

Below, we share with you the latest update from Access Copyright, sent out to all Access Copyright members on August 14, about the parliamentary review of the Copyright Act, and how you can help. Please read, share and submit your story to the members of the review committee. It matters for all writers and visual artists…including you!

If you are not sure what the review is all about, read our previous blog Copy that! that explains it all, and the blog on the first update in May.

From the Access Copyright email:

**Access Copyright Makes its Submission for the Copyright Act Review**

Last month, Access Copyright made its official submission to the Standing Committee on Industry, Science and Technology for the Copyright Act review.

The submission details how creators and publishers have been severely impacted by the actions of the education sector following the passage of the Copyright Modernization Act in 2012 which included the addition of “education” as an allowable purpose under fair dealing.

Our submission makes two key recommendations to parliament.

1. Amend the fair dealing exception to distinguish between individual and institutional copying. We recommend amending the Copyright Act so that fair dealing for the purposes of research, private study and education would not apply to educational institutions in situations where works are “commercially available” by either a rightsholder or collective within a reasonable time and for a reasonable price and may be located with reasonable effort. This would help facilitate teachable moments without adverse consequences to rightsholders, while also bringing Canada in line with models in other countries such as the U.K. and Australia.

2. Take immediate action to harmonize the statutory damages available to collectives as part of the current efforts to reform the Copyright Board of Canada. Doing so will deter infringement, encourage settlement and, in line with one of the key goals of the reform to the Board, “will ensure creators to get paid properly and on line.”

**How to get involved in the Copyright Act review**

Here are two actions you can quickly take to ensure the momentum that creators and publishers have built in having their concerns heard by policy makers will continue.

Make a submission to the Industry Committee: The Committee welcomes submissions from individuals and businesses. A one-page letter outlining how your income, career or business has been impacted will help reinforce how Canadian creators and publishers have been affected by the 2012 changes to the Act.

Submissions can be filed by email to: indu@parl.gc.ca. We can help as well. Email us at editor@accesscopyright.ca for more details.

Take Action via I Value Canadian Stories: If you haven’t already, please visit IValueCanadianStories.ca to send your letter to the Committee members conducting the Copyright Act review. You can also engage your friends and social-media followers to take part as well.

Every action you take makes a difference.

Important Dates

August 31 – The deadline for publisher affiliate to submit a claim for this year’s publisher repertoire payment.
November 1 – The deadline for event-grant applications for the Access Copyright Foundation. The application package will be available soon on the Foundation website.
November – Payback payments will be distributed to creator affiliates.
December – Publisher Repertoire payments will be distributed to publisher affiliates who submitted a claim by August 31.

Update on the Copyright Struggle

Because we feel that the issue of copyright is so important for all writers, we have chosen to present the latest update on the parliamentary review of the Copyright Act received from Access Copyright in its entirety. This message was sent out to all Access Copyright members on May 25. Please read, share and submit your story to the members of the review committee. It matters for all writers and visual artists…including you!

If you are not sure what the review is all about, read our previous blog Copy that! that explains it all.

Roanie Levy, President & CEO of Access Copyright, appeared before the Standing Committee on Industry, Science and Technology on May 22nd, as part of the ongoing Copyright Act review.Watch Roanie’s appearance before the Industry Committee (it starts at 16:38:00 of the video).

The session was very well received and based on the nature of the questions that were brought forward by members of the committee, it is clear that the committee is beginning to appreciate that creators and publishers have been significantly harmed since the Copyright Modernization Act was passed.

Image result for i value canadian stories The outcome of the session is a testament to the hard work that our community has been doing with the INDU Committee. The number of creators and publishers who have shared their personal stories during their recent cross-country tour have made an incredible difference by putting a relatable face to the problem, making it more difficult to ignore.

While this gives us all pause to feel encouraged, it is also critical that we bear down to double up our efforts and keep up the momentum. The opposition is pulling no stops and we can’t afford to either.

Make a submission to the Industry Committee

We encourage everyone to take the time to write a submission to the INDU committee.

Written submissions are meant to be brief and can be as simple as a one-page letter outlining your personal story of impact. They will help to keep reinforcing that Canadian creators and publishers have been hurt economically by 2012 changes to the Copyright Act and that the continued creation of Canadian content is at stake during this review.

The House of Commons has prepared detailed guidelines on making a written submission.

Image result for i value canadian stories Here are some basic things to keep in mind for a submission.

Address your submission to the “Members of the Standing Committee on Industry, Science and Technology”
As submissions will be posted online, they should not include personal contact information beyond your name.

For the email used to submit your submission (the email will not be posted with your submission):

Send to indu@parl.gc.ca.
The person reading the emails is Michel Marcotte, the clerk of the Industry Committee. The email should be addressed to him.
The email should include your address, email and phone number.
We recommend asking for confirmation of receipt of your submission.

Engage Through I Value Canadian Stories

If you haven’t visited IValueCanadianStories.ca recently, new letters directed at the Committee were added in late April so please take a moment to send one today. You can also get active on social media and encourage your friends to take part.

Copy that!

Gwynn Scheltema

My Access Copyright notification came the other day to say that the Writers and Artists Payback Claim period for 1997 to 2016 opened on April 1 (closing date is May 31). I’ve also received several updates about the ongoing battle for creator rights in our Canadian Courts and what we as writers can do to help. The Writers’ Union of Canada (TWUC) also sent an update on the court cases and the advocacy they are doing.

I’ve watched my Access Copyright cheque shrink drastically over the last few years because of the education sector’s refusal to pay royalties, as has every other writer. Access Copyright and TWUC, along with other national writers organizations, are working hard on our behalf to address this issue, but ultimately, we the creators should also take action.

I’ll bring you up to date on the legal situation, and tell you how you can help.

What is Access Copyright?

Access Copyright is a non-profit, national organization representing Canadian writers, visual artists and publishers, and the work they create. Access Copyright also partners with similar organizations around the world doing the same thing abroad. Together they represent our creative works when it comes to those who want to copy and share those works in schools, corporations, governments and research situations.

Access Copyright manages the licenses and the collection of licensing fees for copied, shared and remixed content and passes those royalties on to the copyright holders. These royalties have traditionally formed around 20% of writers’ and 16% of publishers’ income. Advocacy around intellectual property is also an important part of the services Access Copyright offers to creators.

Background to the current court action

Prior to an amendment to the Copyright Modernization Act in November 2012 adding “education” as an allowable purpose under fair dealing, the education sector assured Canadian writers, visual artists and publishers they had nothing to be worried about and that this change would not impact their royalty income negatively.

Then in 2013 the ministries of education and post-secondary institutions walked away from long-standing licensing agreements. According to Access Copyright, over 600 million pages are now copied FOR FREE each year by that sector. Education’s new copying policies have devastated royalty income for creators and publishers resulting in a whopping 80% decline.

And it goes further: Course packs containing entire chapters of books, full short stories from collections and anthologies and shared online digital book copies have reduced primary book sales so that publishers receive less and, in turn, writers receive less in royalties from their publishers.

Taking the matter to court

Access Copyright felt it was time to take the matter to court. They sued York University for non-payment of mandatory fees (known as the Interim Tariff) and York counterclaimed that they did not have to pay because their actions constituted “fair dealing” under Fair Dealings Guidelines.

Finally, in 2017, the court ruled in favour of Access Copyright on both claims, but York immediately appealed.

Then at the end of 2017, the Federal Government launched a Parliamentary Review of the Copyright Act. There was now hope that the review would rebalance the law allowing creative professionals to earn the income they were due.

The big surprise, and disappointment, came in February of this year when most of Canada’s provincial education ministries and all of Ontario’s school boards launched legal action against Access Copyright.

It becomes vital now that we make our voices heard by the policy makers conducting the review, so that the legislation can be made stronger to ensure that creators are fairly compensated.

So what can you do to help?

Start by understanding the issue fully. Go online and check out Access Copyright, TWUC, I Value Canadian Stories and Focus on Creators.
Watch and share this video to learn how present copying practices impact the creation of content for tomorrow’s classrooms, and create a value gap for creators.
Write a letter to your MP urging them to support creators during the ongoing Federal Parliamentary Review. Several of the sites listed in #1 have letter kits to guide you.
Make a personal submission, to the Standing Committees from both Canadian Heritage (CHPC committee) and Innovation, Science, and Economic Development (INDU committee) who have begun considering witnesses and submissions as part of the Parliamentary Review.
Tell other writers and urge them to get involved.

Want to learn more about copyright in Canada?

(links and explanations thanks to Access Copyright website)

Copyright Act of Canada (last amended November 7, 2012)
Copyright Board of Canada
Canadian Intellectual Property Office – CIPO is responsible for administering patents, trademarks, copyrights, industrial designs and integrated circuit topographies in Canada.
Department of Canadian Heritage – Houses the Copyright Policy Branch which, in conjunction with the Intellectual Property Policy Directorate of Industry Canada, is responsible for formulating and implementing an integrated Canadian copyright policy.
Innovation, Science and Economic Development Canada – Houses the Intellectual Property Policy Directorate which, in conjunction with the Copyright Policy Branch of the Department of Canadian Heritage, is responsible for formulating and implementing an integrated Canadian copyright policy.