Archive for November 1st, 2010

Access Copyright to the Supreme Court: No Need for Greater Fair Dealing Certainty

With Bill C-32 heading for second reading tomorrow, the inclusion of education as a fair dealing category looms as one of the big issues.  Groups such as Access Copyright oppose the reform and argue that legislative guidance on the scope of fair dealing is needed.  It turns out, however, that Access Copyright is prepared to argue precisely the opposite position when it suits.  This past summer, the copyright collective won a major fair dealing case at the Federal Court of Appeal, leading some education groups to seek leave to appeal the decision to the Supreme Court of Canada.  Access Copyright is opposed to the leave application and its memorandum to the court says the current six part fair dealing test is good enough.  In particular, it argues:

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November 1, 2010 18 comments News

No Creator Group Consensus on C-32

Last week I posted on an ACTRA document that identified consensus positions on C-32 among many creator groups.  I have received a request to remove the link to the ACTRA document on the grounds that it was posted prematurely as it turns out there is not yet consensus among all […]

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November 1, 2010 3 comments Must Reads

The Latest on Access Copyright: Time to Decline the Coverage

Howard Knopf posts an exceptionally important update on the latest developments in the Access Copyright tariff proposal, including the attempt by the copyright collective to exclude 99 of the 101 objectors to its proposal and subsequent demand for an interim tariff to be set by the Copyright Board that would keep the cash flowing even without a formal agreement in place.  Knopf points to many legal shortcomings in the Access Copyright position, most notably the serious questions about its repertoire and its ability to actually sue successfully for copyright infringement.

The latest developments further point to growing sentiment on Canadian campuses that it is time for post-secondary education to decline the coverage by walking away from Access Copyright.  Since this statement is bound to be mischaracterized as advocating not paying for the rights to use works, let me repeat what I consistently stated this summer.  The decision to walk away is not an effort to avoid paying appropriate rights fees.  Rather, it is based on the recognition that a collective licence is not the only way for a university to appropriately compensate for use. 

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November 1, 2010 24 comments News

Challenges to ACTA Mount: The Week in Review

PIJIP has a great post on the mounting challenges to ACTA, including concerns expressed at the WTO and by dozens of law professors.

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November 1, 2010 2 comments Must Reads

Australia To Hold Three ACTA Briefings, Canada Still MIA

The Australian Department of Foreign Affairs and Trade has announced plans for three information sessions on the ACTA text in Canberra, Sydney, and Melbourne.  Canadian officials have yet to provide any public briefings.

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November 1, 2010 3 comments Must Reads