Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Damages by Nick Youngson CC BY-SA 3.0 ImageCreator http://www.thebluediamondgallery.com/typewriter/d/damages.html

Why the Government’s Copyright Board Plans Threaten to Spark Another Lobbying Battle

Copyright reform has long been viewed as one of the more contentious policy issues on the Canadian agenda, pitting creators, education groups, innovative companies, and a growing number of individuals against one another in processes that run for years and leave no one fully satisfied. Indeed, my Hill Times op-ed notes the copyright review currently underway before the Standing Committee on Industry, Science and Technology promises to run for months with MPs hearing from a broad range of stakeholders presenting perspectives that will be difficult to reconcile.

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June 5, 2018 0 comments Columns
How WIPO Can Contribute to Achieving the Right to Education, May 30, 2017 event

Separating Fact From Fiction: The Reality of Canadian Copyright, Fair Dealing, and Education

This week, I had the honour of speaking at a packed event at the World Intellectual Property Organization titled How WIPO Can Contribute to Achieving the Right to Education. The panel featured speakers from around the world focusing on the copyright-related education issues. My talk, which used emerging data from the copyright review, focused on the reality of Canadian copyright, fair dealing, and education. A recording of my remarks embedded into my slide presentation is posted below in a YouTube video.

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May 31, 2018 4 comments News
Green Spin by rwhitesi37 https://flic.kr/p/2bkmgn (CC BY-NC-SA 2.0)

Who Needs an iPhone Tax: Canadian Music Industry Instead Calls for $40 Million Annual Handout

As the Standing Committee on Industry, Science and Technology continues its copyright review, the Canadian Heritage committee has launched its study on remuneration models for artists and creative industries. Yesterday, Music Canada’s Graham Henderson appeared before the committee to make his case for copyright reform (the organization will presumably make the same case in the coming weeks at the Industry committee). The industry is garnering record-setting Internet revenues, but it reverted to claims of a “value gap” that doesn’t fit within the Canadian legislative experience and demands for a copyright term extension that would cost Canadians millions of dollars and that was rejected by the government in the TPP.

Most notably, after privately lobbying for a new tax on all smartphones and other devices, the group is shifting toward an even bigger cash haul. Rather than apply a tax on all smartphones, the industry is spinning for a tax on everyone by simply calling for a $40 million handout:

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May 30, 2018 8 comments News
BCOER Librarian by BCcampus_News (CC BY-NC 2.0) https://flic.kr/p/pSL8XM

Canadian Copyright, Fair Dealing and Education, Part Four: Fixing Fair Dealing for the Digital Age

My series on Canadian copyright, fair dealing, and education has explored spending and revenue data at universities and publishers, explained the diminishing value of the Access Copyright licence, and conducted a detailed analysis of site licensing on Canadian campuses which demonstrates the foundation for accessing works are the site licences that offer greater flexibility and value than the Access Copyright licence. The series has also shown how some of the publishers who have been most critical of fair dealing are also the ones that have benefited the most from licensing their e-books to educational institutions.

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May 25, 2018 0 comments News
365 arlophotochallenge 327 / 365 - Hold by Arlo Bates (CC BY-NC-SA 2.0) https://flic.kr/p/aJBQxR

Canadian Copyright, Fair Dealing and Education, Part Three: Exploring the Impact of Site Licensing at Canadian Universities

My series on Canadian copyright, fair dealing, and education has thus far explored spending and revenue data at universities and publishers as well as explained why the Access Copyright licence is diminishing in value. This post provides original data on the impact of site licensing at universities across Canada. It is these licences, together with open access and freely available online materials, that have largely replaced the Access Copyright licence, with fair dealing playing a secondary role. Site licensing now comprises the lion share of acquisition budgets at Canadian libraries, who have widely adopted digital-first policies. The specific terms of the licences vary, but most grant rights for use in course management systems or e-reserves, which effectively replaces photocopies with paid digital access. Moreover, many licences are purchased in perpetuity, meaning that the rights to the works have been fully compensated for an unlimited period. The vast majority of these licenses have been purchased since 2012, yet another confirmation that fair dealing has not resulted in less spending on copyright works.

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May 24, 2018 4 comments News