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

Open textbooks fill digital shelves by Province of British Columbia (CC BY-NC-ND 2.0) https://flic.kr/p/sQXqPY

Misleading on Fair Dealing, Part 9: The Remarkable Growth of Free and Open Materials

“Free” materials for educational purposes are sometimes derided as sub-standard works based on the premise that you get what you pay for. Inherent in the argument is that value is associated with cost and that turning to materials without cost means relying on materials without value. Yet the reality is that free materials are free as in “freely available” with the costs of production or business models that support those works rivalling conventional publication approaches. Free or openly available materials are not outliers. For example, the University of Guelph told the Industry committee that 24 per cent of materials in their course management systems consisted of open or free online content.

The series on misleading on fair dealing continues with an examination of freely available materials, including four sources: public domain works, open educational resources, open access publishing, and hyperlinking to third party content (prior posts in the series include the legal effect of the 2012 reforms, the wildly exaggerated suggestion of 600 million uncompensated copies each year, the decline of books in coursepacks, the gradual abandonment of print coursepacks, the huge growth of e-book licensing, why site licences offer better value than the Access Copyright licence, my opening remarks to the Standing Committee on Canadian Heritage, and transactional licensing).

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November 30, 2018 2 comments News
The times they are a'changing by brett jordan https://flic.kr/p/3f6m2C (CC BY 2.0)

Misleading on Fair Dealing, Part 8: The Access Copyright Fight Against Transactional Licensing

The series on misleading on fair dealing continues with a post on transactional licensing and Access Copyright’s inexplicable opposition to a licensing system that currently generates millions of dollars in revenue for publishers and authors. Transactional licensing, which involves pay-per-use licences for specific uses not otherwise covered by institutional site licences, collective licences, or fair dealing, is widely used to ensure universities and colleges are compliant with copyright law (prior posts in the series include the legal effect of the 2012 reforms, the wildly exaggerated suggestion of 600 million uncompensated copies each year, the decline of books in coursepacks, the gradual abandonment of print coursepacks, the huge growth of e-book licensing, why site licences offer better value than the Access Copyright licence, my opening remarks to the Standing Committee on Canadian Heritage).

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November 29, 2018 3 comments News
Ha ha no! There's a Kindle in it! by Terry Madeley (CC BY 2.0) https://flic.kr/p/9db9aj

Misleading on Fair Dealing, Part 7: My Appearance Before the Standing Committee on Canadian Heritage

I appeared yesterday before the Standing Committee on Canadian Heritage via videoconference as part of its study on remuneration models for artists and the creative industry. The Heritage study is designed to provide additional context and information for the Industry committee’s copyright review. My opening statement is posted below. It focused on recent allegations regarding educational copying practices, reconciled the increased spending on licensing with claims of reduced revenues, and concluded by providing the committee with some recommendations for action. An audio version of the opening statement is posted here and embedded below.

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November 28, 2018 2 comments News
CRKN Licence, https://www.crkn-rcdr.ca/sites/crkn/files/2018-01/CRKN%20Model%20License_FINAL.pdf

Misleading on Fair Dealing, Part 6: Why Site Licences Offer Education More than the Access Copyright Licence

The series on misleading on fair dealing continues with a post on how to reconcile the data about which everyone agrees: education has spent more on licensing since 2012, but some copyright collectives (Access Copyright and Copibec) have generated less revenue (prior posts in the series include the legal effect of the 2012 reforms, the wildly exaggerated suggestion of 600 million uncompensated copies each year, the decline of books in coursepacks, the gradual abandonment of print coursepacks, and the huge growth of e-book licensing).

The issue was the focal point in the following exchange between MP Maxime Bernier and Copibec’s Frédérique Couette last May:

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November 27, 2018 6 comments News
Creative Commons by Kristina Alexanderson (CC BY 2.0) https://flic.kr/p/dp7BN7

Canadian Government Commits $50 Million to Creative Commons Licensed Open News Content

The Canadian government announced plans last spring in Budget 2018 to support local journalism with a $50 million commitment over five years. It indicated that the money would be allocated by independent, non-governmental organizations to provide support in under-served communities. Last week, the federal economic update included several additional measures to support the media sector, including the prospect of charitable donations to non-profit journalism organizations, a refundable tax credit to support labour costs for news organizations, and a non-refundable tax credit for Canadians that subscribe to Canadian digital news media. While the new funding has attracted considerable commentary (my take here on why there are problems but the proposal is better than Internet taxes or other cross-subsidization models), somewhat overshadowed was an update on the initial $50 million commitment.

The update indicates that the money will be invested in “open source” news content that will be available under a Creative Commons licence:

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November 26, 2018 2 comments News