Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

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:

July 8, 2013 — 2 comments — News

“The Miracle in Marrakesh”: Agreement Reached on a Treaty for the Visually Impaired

After years of discussions and repeated efforts to thwart or water down a treaty for the visually impaired, delegates in Morocco reached agreement late Tuesday on a treaty. A draft of the text is available here.

June 27, 2013 — Comments are Disabled — News

The Motion Picture Association’s Fight Against a Treaty to Support the Visually Impaired

Earlier this month, I wrote about a diplomatic conference in Morocco designed to finalize a much-needed copyright treaty for the visually impaired. The column noted that the treaty seeks to do two things: first, it establishes minimum standards for copyright limitations and exceptions for the visually impaired. Second, the treaty would facilitate the export of accessible works.

The conference is now in its second week with growing fears that there will be no deal. The major hold-out appears to be the United States, which is blocking consensus on a range of issues. According to documents released over the weekend, the primary source of the U.S. opposition comes from the motion picture association, which has engaged in months of behind-the-scenes lobbying designed to dismantle the treaty. For example, the MPA is trying to block the inclusion of a fair use/fair dealing provision, despite the fact that many countries (led by the U.S.) already have such a rule.

June 24, 2013 — 4 comments — News

Canadian Government Maps Plan for Future Intellectual Property Reform

The House of Commons may have adjourned for the summer, but just hours before breaking, the government filed its response to the Standing Committee on Industry, Science and Technology’s report on the Intellectual Property Regime in Canada. That may sound dry, but the document provides a clear indication of what the government has planned for the coming years on IP reform.

So what’s in store? Leaving aside an assortment of promised studies, the government response includes five notable plans (or non-plans).

June 20, 2013 — 2 comments — News

Canada Moves Forward With WIPO Internet Treaty Ratification But It Likely Won’t Be Final Until 2014

Canadian Heritage Minister James Moore tabled the WIPO Internet Treaties (the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty) earlier this week in the House of Commons, starting the process of Canadian ratification of the treaties. The move does not come as a surprise since Bill C-11, which received royal assent just over one year ago, was designed to bring ensure Canadian law conformed to the treaty requirements.

While there were some suggestions that the next step is formal notification with WIPO in Geneva, there are actually several steps required in Canada that will likely mean the treaties won’t be in force in Canada until early 2014 (I wrote about the treaty ratification process in 2008). First, the treaties are subject to a waiting period of 21 sitting days. During that period, MPs may debate the treaties in the House, raise questions, or bring motions related to the treaty. The 21 sitting day period started on June 12th. Since the House is scheduled to break for the summer next week, the period will not be completed until the first week of October. Once this process is completed, the Minister of Foreign Affairs may then seek legal authority, through an Order in Council, for Canada to prepare instruments of ratification of the two treaties. Once the instruments of ratification are deposited with WIPO, there is a further three month delay from the date of deposit.

June 14, 2013 — 3 comments — News