For more than a year, Canadian Heritage Minister Pablo Rodriguez has clung to the Bill C-11 mantra of “platforms in, users out”. When presented with clear evidence from thousands of digital creators, the former chair of the CRTC, and numerous experts that that wasn’t true, the Senate passed compromise language to ensure that platforms such as Youtube would be caught by the legislation consistent with the government’s stated objective, but that user content would not. Last night, Rodriguez rejected the compromise amendment, turning his back on digital creators and a Senate process lauded as one of the most comprehensive ever. In doing so, he has left no doubt about the government’s true intent with Bill C-11: retain power and flexibility to regulate user content.
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Canadian Copyright, Fair Dealing and Education, Part Six: A Fair Reading of Fair Dealing
My Fair Dealing Week series of posts on Canadian copyright, fair dealing, and education concludes with a few thoughts on the role of fair dealing within Canadian universities and colleges. Copyright lobby groups have spent years perpetuating multiple myths, including the false notion that today’s fair dealing policies are largely a function of 2012 reforms (they actually stem chiefly from two decades of Supreme Court jurisprudence) and that fair dealing has resulted in universities refusing to licence content (prior posts have covered this disinformation, citing the millions spent on site licensing, transactional licensing , the disappearance of course packs, and the growth of open textbooks).
Canadian Copyright, Fair Dealing and Education, Part Five: Open Textbooks Saving Students Millions of Dollars
Fair Dealing Week for 2023 may have come to an end, but my series on Canadian copyright, fair dealing, and education continues. This week’s Law Bytes podcast features Western librarian Stephen Spong on fair dealing and prior posts in the series endeavoured to set the record straight and discussed site licensing, transactional licensing, and the disappearance of course packs. Today’s post discusses the growth of open textbooks, which has flourished in recent years. That has saved students millions of dollars, provided faculty with more flexible, adaptable materials, and eliminated the need for either additional licences or a fair dealing analysis.
The Law Bytes Podcast, Episode 157: Stephen Spong on the “Goblin Mode Gaslighting” of Canadian Copyright and Fair Dealing
Last week was Fair Dealing Week, a chance for a wide range of Canadians – educators, students, librarians, archivists, and creators – to celebrate the important role that fair dealing plays in facilitating both fair access and fair compensation to copyrighted works. I ran a series of posts on Canadian education, fair dealing and copyright that will continue into the coming week. This week’s Law Bytes podcast episode is part of that series as I’m joined by Stephen Spong, the director of the John and Dotsa Bitove law library and copyright officer at Western University. Spong used fair dealing week to write a piece that appeared in multiple press venues to lament what he termed “goblin mode gaslighting on copyright” and he joins me on the podcast to talk about fair dealing in practice, the ongoing policy debate, and the meaning of goblin mode gaslighting.
Canadian Copyright, Fair Dealing and Education, Part Four: The Disappearance of Course Packs
Canadian copyright lobby groups effort to persuade the government to restrict fair dealing has often focused on a particular use case: the course pack. For many years, course packs were used by university and college professors to pull together a customized collection of reading materials for their courses. The course packs were copied and typically sold as an alternative to course textbooks. Copyright lobby groups and their supporters have long claimed that the practice relies on fair dealing and that universities are profiting from copying without compensation. My Fair Dealing Week series on Canadian copyright, fair dealing, and education (Setting the Record Straight, The Massive Shift to Electronic Licensing, Millions Spent on Transactional Licences Demonstrate Fair Dealing is No Free for All) continues with a look at what has actually happened with data demonstrating the printed course packs have all but disappeared from university campuses.
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