Post Tagged with: "61 reforms"

61 Reforms to C-61, Day 51: Education Internet Exception Is Unnecessary

One of the most controversial aspects of Bill C-61 is the inclusion of special educational exception.  The provision has split the education community, generating support from some education groups and opposition from others. The product of years of lobbying by provincial education ministers and the AUCC, the exemption at Section 30.04 (1) provides that:

Subject to subsections (2) to (5), it is not an infringement of copyright for an educational institution, or a person acting under the authority of one, to do any of the following acts for educational or training purposes in respect of a work or other subject-matter that is available through the Internet:

(a) reproduce it;
(b) communicate it to the public by telecommunication, if that public primarily consists of students of the educational institution or other persons acting under its authority;
(c) perform it in public, if that public primarily consists of students of the educational institution or other persons acting under its authority; or
(d) do any other act that is necessary for the purpose of the acts referred to in paragraphs (a) to (c).

I will discuss why the conditions render this exception virtually useless in a later post.  For the moment, I want to reiterate that I do not believe that the exception is either necessary or equitable.

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September 1, 2008 3 comments News

61 Reforms to C-61, Day 50: Education Harms – Lessons Contain Limited Definition of Students

One of the great benefits of distance education and the Internet is the power to extend our traditional notions of a "student body."  MIT's Open Courseware Project provides a great example [from column here] Notwithstanding the possibilities, Bill C-61 adopts a very narrow definition of student.  Section 30.01(3)(a) states that […]

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August 29, 2008 7 comments News

61 Reforms to C-61, Day 49: Education Harms – Lessons May Require DRM

The conditions attached to the lesson provisions do not end with destroying lessons that use the exemption at the conclusion of the course.  There are two provisions that would appear to encourage (or possibly even require) the use of digital rights management to control the further distribution of these lessons. […]

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August 28, 2008 11 comments News

61 Reforms to C-61, Day 48: Education Harms – Lessons Must Be Destroyed After the Course

In addition to the prospect of new liability, the lesson provisions include a series of draconian conditions that undermine rather than facilitate education.  For example, Section 30(5)(a) provides that the education institution is required to: destroy any fixation of the lesson within 30 days after the day on which the […]

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August 27, 2008 13 comments News

61 Reforms to C-61, Day 47: Education Harms – Lessons Include Special Infringement Provision

The new lesson provisions are extremely limited, yet they come with an astonishing number of conditions and limitations. In fact, Bill C-61 includes a special new infringement provision specifically for lessons.  Under the bill: It is an infringement of copyright for any person to do any of the following acts […]

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August 26, 2008 5 comments News