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 notice on the website.  Section 30.04 (4)(b) provides that the exception does not apply if:

a clearly visible notice – and not merely the copyright symbol – prohibiting that act is posted at the Internet site where the work or other subject-matter is posted or on the work or other subject-matter itself.

Section 30.04(6) says that the Governor in Council may make regulations prescribing what constitutes a clearly visible notice.  While we await those regulations, a clearly visible notice may be nothing more than the words "all rights reserved."  If so, CMEC and AUCC will have fought for an ill-advised exception that can be defeated with three simple words posted on the website.


  1. Well, yes, obviously this isn’t your preferred solution. But as many and perhaps most site owners DON’T try to prevent these uses now, there’s no reason to assume they will jump in because of the exception. Flexible fair dealing is not capable of guiding what it and isn’t appropriate, which is why this exception is supported by the AUCC and CMEC.

  2. DRM = BAD

    “Another is to simply place a notice on the website. Section 30.04 (4)(b) provides that the exception does not apply if:”

    As i said michael, the people spoke against DRM and if you took some time and researched you will see what another and a lot of people think about the so called new term TPM, ya see we know if it and we knew of it long before you had the chance to change it.

    and orange form califonia is still an orange, just as a florida orange is still an orange.

    They both have the basic parts and all the same ingrediants.
    While oranges are good for you. DRM in any form is and shall lead to abuses like SONG BMG DVDR ROOTKIT.

    Remember that lawsuit?
    Who won that sir?
    Would a challenge to EULA that allow for this be perhaps in order?

  3. Study Groups and Copyrights
    The education internet exception is a huge problem for many internet-based education initiatives. We at UofT have created an anonymous study group site – – where students can register anonymously and share whatever information they would like without having to worry about academic or legal reprocussions from the side of the educational institutions. While we do not collect their personal information to being with, it cannot be subpoenaed. We will clearly \”take all reasonable steps to remove within a reasonable amount of time copyrighted content when notified by copyright holders\”. We could probably even host our site in another country, but it would be so much better if Bill C-61 got trashed.

  4. Robert Tsuchika says:

    Bill C-61
    Glad this bill died, overall…

    Robert Tsuchika