Post Tagged with: "fair dealing"

AUCC Releases Model Fair Dealing Policy

Last week, I posted on the emerging consensus within the Canadian education on the scope of fair dealing. The AUCC has now become the last major educational association to adopt a fair dealing policy, which largely mirrors the approach of the ACCC and K-12 schools.

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November 20, 2012 Comments are Disabled News

Fair Dealing Consensus Emerges Within Canadian Educational Community

Four months after the Supreme Court of Canada issued its landmark series of copyright decisions, a consensus on the scope of fair dealing has begun to emerge within the education community. While Access Copyright has been sending threatening letters to institutions that seek to rely on fair dealing with claims that the decisions are being misinterpreted, roughly similar policies have now been developed by K-12 school boards, community colleges, and universities that plainly reject the views of the copyright collective.

As discussed in my post on the ACCC fair dealing policy, the breadth of fair dealing raises obvious questions about the necessity of an Access Copyright licence. All educational institutions already spend millions on licensed materials. Indeed, the Access Copyright study on K-12 institutions found that 88% of copying was permitted without the need for either an Access Copyright licence or reliance on fair dealing.  Given the scope of fair dealing as articulated by the Supreme Court of Canada, many are concluding that the Access Copyright licence offers little additional value to Canadian educational institutions.

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November 14, 2012 8 comments News

What the New Copyright Law Means For You

More than a decade of debate over Canadian copyright reform came to a conclusion last week as Bill C-11, the fourth try at reform since 2005, formally took effect. While several elements of the bill still await further regulations, the biggest overhaul of Canadian copyright law in years is now largely complete.

My weekly technology law column (Toronto Star version, homepage version) notes the wholesale changes have left many Canadians wondering how the law will affect them, as they seek plain language about what they can do, what they can’t, and what consequences they could face should they run afoul of the law.

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November 13, 2012 29 comments Columns

What the New Copyright Law Means For You

Appeared in the Toronto Star on November 11, 2012 as What the New Copyright Law Means For You More than a decade of debate over Canadian copyright reform came to a conclusion last week as Bill C-11, the fourth try at reform since 2005, formally took effect. While several elements […]

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November 13, 2012 7 comments Columns Archive

Ontario Public School Boards Preparing To Drop Access Copyright Next Year

The Ontario Public School Board Association last week advised school boards across the province that they should prepare to stop using the Access Copyright licence effective next year. The advisory indicates that the Counsel of Ministers of Education, Copyright, which represents education ministers across the country, has received a legal opinion that confirms that K-12 schools no longer require the Access Copyright licence since they can rely on fair dealing for the small percentage of copying in schools that is unlicensed or copied without permission. A 2005 study of copying in Canadian K-12 schools conducted for Access Copyright found that 88% of copying of copyright works already had the necessary permissions without the need for an additional licence. The Access Copyright portion covered as little as 6% of the total copying and given the recent Supreme Court of Canada decisions, the schools believe that this copying is covered by fair dealing.

The advisory to the school boards includes the following (the fair dealing guidelines, which are very similar to the fair dealing policy adopted by the ACCC, can be found here):

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October 15, 2012 1 comment News