10. Another Perspective

B. Options for Administration of Intellectual Property Rights in
CCCanadian Cultural Heritage Institutions (continued)

The Relationship Between the Collective and the User

Most collectives offer users both transactional and blanket licenses. An exception occurs in collective societies that represent public performance rights for dramatic or musical works, such as SOCAN. Users may purchase blanket or transactional licenses from these collectives, or they may simply pay the tariffs the Copyright Board sets for the use of these works.40

Issues such as access, cost, and size of repertoire continue to be problematic for certain users in certain disciplines. For example, access and repertoire size are major issues for the educational community, which has traditionally advocated wide exceptions to copyright for educational purposes, claiming that the collectives that serve them offer terms that are too strict or do not hold the most popular works in their repertoires. Broadcasters have also advocated for certain exceptions, claiming that the costs associated with certain reproduction rights held by collectives are prohibitive. Many users feel that, with the exception of Quebec (where collective administration is well established), there is a vacuum in rights management options in Canada.

The collective management options that exist do offer advantages to users. In the ten years that have passed since collective management was introduced broadly in the Canadian market, access to a large number of works has increased. Collective societies make it their business to clear copyright, are experts in the field, and have to some degree created a system of "one-stop shopping" that facilitates access to works. For example, in areas such as reprography, blanket licenses have made it possible for scholars and students to copy required texts without violating copyright or applying the test for fair dealing.41

Collective Administration in Canada: A Legal Framework

Introduction to
Managing Digital Assets