Appeared in the Toronto Star on August 31, 2013 as Schools Navigate Learning Curve for New Copyright Rules As students and faculty prepare to head back to campus this week, many will be greeted by new copyright guidelines that clarify how materials may be used without the need for further […]
Post Tagged with: "fair dealing"
Ontario Government Emphasizes User Rights in its Copyright Policy for Education
The Government of Ontario’s Ministry of Education has issued a policy memorandum to all provincial elementary and secondary schools regarding the use of copyright-protected works for education. The government’s approach, which takes effect immediately, represents a strong endorsement of users’ rights, citing not only fair dealing but over a dozen additional educational exceptions that are now part of Canadian copyright law.
The government adopts fair dealing guidelines developed by the Council of Ministers of Education, Canada, which largely covers the same copying permitted under an Access Copyright licence. The guidelines, which permit copying of up to 10 percent of a work, a single article, or a chapter from a book, state:
Access Copyright’s Desperate Declaration of War Against Fair Dealing
Months after the Supreme Court of Canada delivered a stinging defeat to Access Copyright by ruling for an expansive approach to fair dealing and the government passed copyright reforms that further expanded the scope of fair dealing, the copyright collective responded yesterday with what amounts to a desperate declaration of war against fair dealing. In the aftermath of the court decisions and legislative reforms, a consensus emerged within the Canadian education community on the scope of fair dealing. The fair dealing policies used guidance from the Supreme Court to establish clear limits on copying and eliminate claims that the law was now a free-for-all. In developing those fair dealing policies, however, many institutions no longer saw much value in the Access Copyright licence.
Access Copyright has decided to fight the law – along with governments, educational institutions, teachers, librarians, and taxpayers – on several fronts. It has filed for an interim tariff with the Copyright Board in an effort to stop K-12 schools from opting out of its licence and it has filed a proposed post-secondary tariff that would run well after most Canadian schools will have opted out of its licence. Most notably, it has filed a lawsuit against York University over its fair dealing guidelines, which are similar to those adopted by educational institutions across the country. While the lawsuit has yet to be posted online [Update: Statement of Claim posted here], the Access Copyright release suggests that the suit is not alleging specific instances of infringement, but rather takes issue with guidelines it says are “arbitrary and unsupported” and that “authorize and encourage copying that is not supported by the law.”
Most of Access Copyright’s longstanding arguments were dismissed by the Supreme Court this past summer.
National Post Appears to Drop Fair Dealing Licensing System
Last week I wrote about the National Post seeking $150 licences for posting short excerpts online. It appears that the paper has now dropped the system.
Forget Fair Dealing: National Post Seeks $150 To License Short Excerpts
I’m a big fan of Chris Selley, the National Post writer behind Full Pundit, a daily look the Canadian editorial and opinion columns (last year Selley was also a vocal supporter of the much-needed Fire Ron Wilson campaign). The Full Pundit features a summary of the most notable editorial writing in Canadian media accompanied by quotations from the original works. I’m quite sure that Selley does not ask for permission to quote from those other works since fair dealing for news reporting purposes permits their use without the need to do so. Yet if someone wants to post a quote from Selley or anything else written by the National Post, they are now presented with pop-up box seeking a licence that starts at $150 for the Internet posting of 100 words with an extra fee of 50 cents for each additional word (the price is cut in half for non-profits).
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