Home -> Law Blog Directory -> Copyright Law Blogs -> Michael Geist
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Copyright Law
: Michael GeistIndependent Report Blasts Access Copyright Over Lack of Transparency
By Michael Geist
I have undertaken a number of other public policy studies over the years, including such reasonably complex topics as pension reform, securities regulation, and national security, and have never encountered anything quite as complex as the Access Copyright distribution system. It is far from transparent. Very little is written down in a consolidated, cohesive, comprehensive, or comprehensible manner. There is no manual describing in detail how the distribution system operates.
The report continues by examining the history of Access Copyright, comparing it to other collectives, and identifying inequities in the distribution structure. For example, it reveals that "in the distribution for 2005 under the federal government licence, the publishers received $188,256 for scholarly journals and the creators received nothing."
The report includes 20 recommendations for change, which include:
Make the System More Transparent - The distribution system has to be more transparent. As I stated earlier in this report, very little is written down. There is no manual for the staff describing in detail how the distribution system operates. The information given to affiliates is even sparser. There is a one-page description on the web site, but it contains very little information. In contrast, SOCAN makes available to its members on its web site an up-to-date 32-page document on distribution rules.
Simplify the System - The present distribution system should be simplified. Even if it were more transparent, it would still be difficult for affiliates to grasp the details. It is far too complex. As stated earlier, part of the reason for this complexity is because the details for distribution have been worked out over the past 20 years as a series of compromises, accommodations and adjustments. It is not just publishers against creators, but also compromises, accommodations and adjustments within the creator community and amongst the different types of publishers.
Eliminate Most Contract Overrides - One way to simplify the system is to eliminate the present ability to override by contract the splits determined by Access Copyright. In the early days of the collective, individual contracts could not be used to override the splits determined by the collective. Contracts cannot override the agreed splits in the UK and Quebec and in many other jurisdictions.
Periodicals - Revenue from periodicals should also be shared 50/50 between publishers and creators, whether the periodicals are magazines or academic journals. There is no reason why copying of academic journals should automatically result in 100% to the publisher given that copyright ownership should not necessarily govern reprography royalty shares.
The final recommendation focuses on the Access Copyright board itself. Friedland calls for the elimination of the 9 creator, 9 publisher board to be replaced by a board composed of 4 persons representing the publishers, 4 representing the creators, and 4 independent directors, making a board of 12 persons, plus the executive director, making a total of 13 members.
The Writers' Union has welcomed the report. It remains to be seen how Access Copyright will respond.
Full post as published by Michael Geist on February 15, 2008 (boomark / email).
Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations
Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
FAA
Signficant Lack of Oversight in Airline Maintenance
HIV Funds
Dallas Independent School District pays $336,000 settlement for misappropriated program funds.
Bank Website Security
New Report Finds Widespread Flaws
Operating Room Fires
Hundreds Injured During Surgery, New Report Shows
Spike Lee and Showtime
Settlement reached in script copyright infringement lawsuit.
Tree Stands
Ardisam Inc. pays $420,000 settlement for failing to report defective product to government officials.

James Grimmelmann, Copyright, Technology, and Access to the Law
Is quid quo pro database access for donors acceptable
Access-Right: An Inquiry Into the Problem of Digital Copyright Law
No beer and no tv make Erek something something . . .








