ACP Issues statement on litigation between K-12 sector and Access Copyright
TORONTO, ONTARIO—(July 23, 2018)—The Association of Canadian Publishers (ACP) notes that Access Copyright has served and filed its Statement of Defence and Counterclaim in the legal action initiated by Ontario school boards and the Ministries of Education for all provinces and territories except Ontario, British Columbia and Quebec. Together
those plaintiffs are seeking to recover more than $25 million collected by Access Copyright under a legally certified tariff for the period of 2010-2012.
Access Copyright’s counterclaim relies on the fact that the plaintiffs have not paid the mandatory and enforceable certified tariff that has been in place ever since 2013, and they now owe more than $24 million to Canadian creators and publishers—not the other way around. ACP shares this understanding of the facts.