The review of Canadian copyright law continues this week with the Standing Committee on Industry, Science and Technology set to hear from Canadian ministers of education and the two leading copyright collectives, Access Copyright and Copibec. The committee review has now heard from dozens of witnesses, including a week-long cross-country tour. With the initial focus on copyright, education, and fair dealing, the MPs are grappling with three key trends since 2012: educational spending on licensing has increased, publisher profit margins has increased with increased sales of Canadian educational texts, and distributions from the Access Copyright licence have declined. This post, the first of four this week on copyright, fair dealing, and education, takes a closer look at the three trends and how they can be reconciled.
Post Tagged with: "fair dealing"
Springer Nature Opens Up on Educational Publishing: “E-Piracy” Sites Do Not Replace Traditional Subscription Services, Business Risks Primarily Stem from Marketplace Changes
Springer Nature, one of the world’s largest publishers of journals and electronic books has filed a prospectus for the purposes of an initial public offering. The prospectus is a fascinating read as it eschews the usual lobbying talking points in favour of legally required frank disclosure. For example, the document provides considerable insights into the continuing emergence of open access, noting that 27% of all research articles published by Springer Nature in 2017 was published on an open access basis.
The prospectus contains several discussions that are directly relevant to the Canadian copyright review.
Quebec Writers Group Calls for an End to Copyright Exceptions: “Only Where Access is Otherwise Impossible”
The Standing Committee on Industry, Science and Technology continues its year-long review of copyright this week with a mix of witnesses from education, libraries, writers, and publishers. The Union des écrivaines et des écrivains québécois (UNEQ), which represents Quebec-based writers, appeared yesterday and submitted a brief to the committee with its key recommendations. There are several that will attract attention, including increased damages and an expansion of the private copying levy to cover e-readers, hard drives, and USB keys (a recommendation that may stem from a misunderstanding of the levy which is only for music). However, the most troubling is how the group takes aim at copyright user’s rights.
Federal Court of Appeal Rejects Access Copyright Bid to Overturn Board Ruling on Insubstantial Copying, Fair Dealing
The Federal Court of Appeal last week issued a long-delayed decision in a judicial review of a Copyright Board decision involving Access Copyright and copying by employees of provincial governments. I covered the initial board decision in 2015, noting that it delivered a devastating defeat to the copyright collective. Access Copyright filed for judicial review of the decision. Last week the Federal Court of Appeal upheld the Board’s decision.
Fair Dealing and the Right to Read: The Case of Blacklock’s Reporter v. Canada (Attorney General)
My fair dealing week posts conclude with a look at the link between fair dealing and the fundamental right to read (previous posts focused on the lawsuit to recover overpayments from Access Copyright, the importance of fair dealing for creators, freedom of expression, and news reporting). The critical importance of fair dealing as a user’s right was demonstrated in the 2016 copyright case between the Blacklock’s Reporter, an Ottawa-based online paywalled news site, and the federal government. Blacklock’s, which has filed multiple lawsuits against government departments, sued the Department of Finance for $17,209.10 over two articles that were sent to government officials from a paying subscriber concerned with comments found in the article. The articles were subsequently forwarded to several media relations personnel within the department.
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