Post Tagged with: "access copyright"

Trosow on Access Copyright Tariff

A video of Sam Trosow’s recent speech on C-32 and the Access Copyright tariff proposal has now been posted to YouTube.

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August 12, 2010 Comments are Disabled News

Should Canadian Universities Walk Away From Access Copyright?

The Access Copyright tariff proposal that calls for a 1300% increase in fees to $45 per full-time student has generated some interesting discussion.  I noted in one of my responses that my courses only use openly accessible materials – court cases, statutes, government reports, and open access licenced articles.  This comes without any loss in the quality of materials and without the need for further payment or permissions.  I don’t think this is particuarly unusual for law, which relies heavily on these kinds of materials in addition to textbooks purchased by students and works in databases that are separately licenced.  The amount of additional copying in that environment that falls outside private study or research such that it requires a licence is tiny to non-existent.  Indeed, the inclusion of education as a fair dealing category would not change a great deal for thousands of Canadian law students.

While fairness dictates that Canadian education must object to the Access Copyright tariff proposal to ensure that students are not asked to pay for uses that the law says do not require compensation, it may be time for the post-secondary education community to ask whether it should walk away from Access Copyright altogether.  Note that I am not saying that creators should go uncompensated and that education should get a free ride.  I repeat that it is fair dealing, not free dealing. 

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August 11, 2010 64 comments News

Access Copyright’s 1300% Tariff Increase – Deadline to Object is August 11, 2010

Howard Knopf has a must-read post on the Access Copyright proposed tariff that would increase costs by 1300% over the current rate.  The proposal is for $45 per university student, which would potential cost universities (and taxpayers) millions of dollars.  The cost for college students is $35 per student.  While […]

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August 9, 2010 68 comments News

Federal Court Ruling Shows Copyright Fair Dealing Fears Greatly Exaggerated

Appeared in the Hill Times on August 2, 2010 as Federal Court Ruling Shows Copyright Fair Dealing Fears Greatly Exaggerated The introduction of long-awaited copyright reform legislation has generated considerable discussion among Canadians about whether the latest bill strikes the right balance. While concern over Bill C-32’s digital lock rules […]

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August 2, 2010 Comments are Disabled Columns Archive

Federal Court Ruling Shows Fair Dealing Fears Greatly Exaggerated

While concern over Bill C-32’s digital lock rules has garnered the lion share of attention, the other major issue in the bill is the extension of fair dealing to cover education, parody, and satire.  I have characterized those changes as a reasonable compromise – not the full “such as” flexibility that would have been preferable, but helpful extensions that attempt to strike a balance.  Some writers groups have reacted angrily to the changes, claiming it will cost them millions in revenue and arguing that it amounts to an “expropriation of property.”

Last week, the Federal Court of Appeal issued its much-anticipated ruling in the K-12 case, which specifically addressed fair dealing in the context of education.  The ruling was a major win for Access Copyright, as the court dismissed objections from education groups on a Copyright Board of Canada ruling and paved the way for millions in compensation from school boards. 

The case is notable since it demonstrates how critics of greater fair dealing flexiblity have greatly exaggerated claims of potential harm.  For example, former PWAC Executive Director John Degen wrote this week that “the introduction of an overly broad exception to copyright for educational use would all but eliminate fair compensation for this established use.”  Access Copyright reacted to the court victory by stating it was “bittersweet” given the C-32 changes.  While there is no doubt that extending fair dealing to education (the law currently covers many educational activities under research, private study, criticism, and review) will bring more potential copying within the scope of fair dealing, this case reinforces the fact that fair dealing is a fair for all, not a free for all and that fears that the extension of categories will wipe out all revenues bear little relation to reality.

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July 28, 2010 15 comments News