Perhaps I could respond to that question.
First of all, our comments were directed at the amendment to fair dealing and whether or not that might undermine the $40 million in revenue for Copibec. I don't think we meant to say there would be no possible loss of revenue from any of the provisions in the bill. Clearly there is a provision, for example, that allows the performance of audiovisual material, cinematographic works, in the classroom, which is a provision that has existed in U.S. law for a number of years. That would result in institutions not having to pay public performance rights for those works.
However, the works represented by the collectives in that area are mostly U.S. feature films. Given that U.S. educational institutions don't pay public performance rights for the use of those works, it's not clear why it would make sense to continue forcing Canadian educational institutions to pay for the use of those works, especially when most of the royalties would flow outside the country.
In response to the issue of whether there will be any loss, there could be loss from a provision like that, but we were addressing in particular the claims of Copibec and Access Copyright, that they would lose their $40 million in revenue. Nothing in this bill would change their revenue from the university sector.
Even in the K-to-12 sector, as you may well know, there is a dispute over fair dealing that is still in the court process. There's been an appeal to the Supreme Court, and it's not clear whether the Supreme Court will accept the application for leave to appeal.
Even if it were to make a decision that overturns the Copyright Board in the Federal Court of Appeal, at most that would amount to 6% of the revenue being collected annually by Access Copyright, or $1.2 million out of $20 million that's being collected annually.
That dispute has nothing to do with education as a purpose for fair dealing; it's all about the fairness of copying in the educational context.