Post Tagged with: "education"

“Legislative Guidance” on Fair Dealing: The Plan to Reverse CCH?

My post this week on several writers groups objections to Bill C-32 has generated considerable discussion, with some taking me to task for focusing on their letter’s warning of “unintended consequences,””years of costly litigation,” and “serious damage to the cultural sector.”  Instead, they argue that I should have focused on the call for additional “legislative guidance” on the fair dealing reforms.  After all, who could be against greater clarity in the law?

In the discussion that has followed, I believe that it has become increasingly clear that the “legislative guidance” is not really about the fair dealing reforms found in C-32, but rather fair dealing more generally. Unfortunately, the writers’ letter only speaks of their concerns and does not provide any specific policy or legislative reform recommendations that would clarify their intentions. However, with the government having opened up the fair dealing provision, those groups may see an opportunity to reverse the Supreme Court of Canada’s CCH decision that characterized fair dealing as a user right and established guidelines for its interpretation. 

Why do I arrive at this conclusion?

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August 27, 2010 141 comments News

Oshawa School Trustee Seeks Elimination Of Copyright Fees

An Oshawa school trustee wants copyright fees eliminated for non-profit school boards in the wake of a new bill for $900,000 in photocopy fees.

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November 2, 2009 Comments are Disabled Must Reads

61 Reforms to C-61, Day 53: Education Internet Exception Easily Avoided

Over the past two days, I've argued that the Internet exception for education is both unnecessary and potentially harmful.  It is also so easily avoided as to be almost useless.  As noted earlier, one way to avoid the exception is the use of DRM.  Another is to simply place a […]

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September 3, 2008 4 comments News

61 Reforms to C-61, Day 52: Education Internet Exception Is Harmful

The Internet exception is more than just unnecessary – it is harmful.  First, rather than improving access, the exception will actually encourage people to take content offline or to erect barriers that limit access (including DRM).  Section 30.04(3) provides that:

Subsection (1) does not apply if the work or other subject-matter – or the Internet site where it is posted – is protected by a technological measure that restricts access to the work or other subject-matter or to the Internet site.

In other words, in return for the exception, CMEC and AUCC has effectively pushed the government to include a provision that encourages creators to use DRM or restrict access to their work. Many website owners who may be entirely comfortable with non-commercial or limited educational use of their materials, may object to a new law that grants the education community unfettered (and uncompensated) usage rights.  Accordingly, many sites may opt out of the exception by making their work unavailable to everyone.  This is obviously a lose-lose scenario that arises directly out of the exception.

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September 2, 2008 5 comments News

C-61 on Campus

Students return to school this week to be greeted by a series of articles critical of the soon-to-be defunct Bill C-61 (Ubessey, The Strand).

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September 2, 2008 2 comments Must Reads