Fair Dealing Week 2022

View image on Twitter Fair Dealing Week takes place between February 21-25, 2022

 

What is fair dealing: The Canadian Copyright Act allows the use of material from a copyright protected work (literature, musical scores, audiovisual works, etc.) without permission when certain conditions are met. Anyone can use fair dealing for  research, private study, education, parody, satire, criticism, review, and news reporting. In order to ensure your copying is fair, you need to consider several factors such as the amount you are copying, whether you are distributing the copy to others, and whether your copying might have a detrimental effect on potential sales of the original work.

Fair Dealing/Fair Use week is an annual initiative commissioned by the Association of Research Libraries (ARL). While fair use and fair dealing are employed on a daily basis by students, faculty, librarians, journalists, and all users of copyrighted material, Fair Use/Fair Dealing Week is a time to promote and discuss the opportunities presented, celebrate successful stories and explain the concept.”

More information on fair dealing in context of possible use cases at UVic can be found in our copyright brochure.

https://fair-dealing.ca/events/

Here are some events organized by libraries in British Columbia.

Date: Tuesday, February 22nd
Time: 10-11 (PST)
Speakers: Lucie Guibault, Professor of Intellectual Property Law and Associate Director of the Law and Technology Institute, Schulich School of Law, Dalhousie University
Presentation: Fair Dealing in Education: The Students’ Perspective
Host: Council of Atlantic University Libraries

Registration: https://docs.google.com/forms/d/163yngv0JvsA-nPnAEkiShgruFmMZTAuLQIrFkiRlW7A/viewform?edit_requested=true


The Lower Mainland Copyright Consortium (CapU, Douglas, JIBC, SFU, and UBC) and the Alberta Copyright Consortium (U of A, U of C, MRU and NAIT) will be co-hosting an online event  on Wednesday, February 23. The program is as follows:

Date: Wednesday, February 23rd
Time:  1300-1400 Eastern (1000-1100 Pacific)
Speaker: Dr. Carys J. Craig, Associate Professor, Osgoode Hall Law School, York University
Presentation: Best Practices for OER in Canada: A Fresh Look at Fair Dealing for Educational Use
Register: Go to the Fair Dealing Week 2022 Event page for more information and to register.


Date: Wednesday, February 23rd
Time
: 1500-1600 Eastern (1200-1300 Pacific)
Speaker: Dr. Meera Nair, Copyright Specialist, Northern Alberta Institute of Technology
Presentation: Fair Dealing’s future – artificial intelligence or willful ignorance?
Register: Go to the Fair Dealing Week 2022 Event page for more information and to register.

 

eTextbooks for UVic Students – 2021-2022

December 23, 2021

In order to support student success and equitable access to information, UVic Libraries has started a website to showcase and inform students about zero-cost textbook options. The site identifies titles assigned as textbooks and course materials which are available as eBooks in the library collection. It lists the title of the book, the course(s) and section(s) and last name of instructor. The project started by looking at the titles listed in the Bookstore’s textbook catalogue and noticed that the library had many of the titles in our collections.  In the next phase, we plan to add the e-titles added to the Reserves course lists. As of December 22, 2021, there were 380 titles listed!

Georgia State e-Reserves case appeal (U.S.) reaches final decision in favour of GSU

This trial, Cambridge University Press et al v. Patton et al ,  also known as the Georgia State University e-Reserves Case, is too complex to summarize here, but largely involves fair dealing use in University course reserve, and has implications specifically as a U.S. educational “fair use” precedent. Final appeal has been decided in favour of Georgia State.

Via Georgia State University Law Library Sept. 29, 2020: https://libguides.law.gsu.edu/gsucopyrightcase

and Publishers Weekly Oct. 2, 2020:

https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/84514-publishers-escape-fee-award-as-gsu-e-reserves-case-finally-ends.html

 

Results of Appeal: Access Copyright v. York University Federal Court case decision

The Federal Court of Appeal’s judgement supports the argument that tariffs are not mandatory, but also finds fair dealing guidelines problematic. Updated to add: Both parties have now filed applications to appeal the decision to the Supreme Court of Canada [more via Howard Knopf]

“On April 22, 2020 the Federal Court of Appeal (FCA) in a unanimous judgment by Pelletier, J.A., released its long-awaited decision in the appeal of the Federal Court’s July 12, 2017 decision of Phelan, J. Here’s the judgment of the FCA: York University v. The Canadian Copyright Licensing Agency (Access Copyright)” Via Howard Knopf April 22, 2020 and June 4, 2020

See our blog post on the original case 2017 decision.

UVic transitions to online learning in response to COVID-19 pandemic

“Effective Monday, March 16, UVic is transitioning from face-to-face to alternative modes of instruction and evaluation for the remainder of this term.” See announcement made by President Cassels March 13, 2020

Here is some important information for all CourseSpaces users regarding Copyright and online courses at UVic.

If you need any assistance with copyright during this transition, please contact copyright@uvic.ca

Fair dealing week approaches…

Fair Dealing Week takes place February 25th thru March 1st, 2020.

“While fair use and fair dealing are employed on a daily basis by students, faculty, librarians, journalists, and all users of copyrighted material, Fair Use/Fair Dealing Week is a time to promote and discuss the opportunities presented, celebrate successful stories and explain the concept”

-fair-dealing.ca/

Events throughout Canada are being held to explore and celebrate fair dealing. Some of these events will be livestreamed. A full list can be found at https://fair-dealing.ca/events/

 

Canada Copyright Board approves 2011-2014 and 2015-2017 tariffs, with amendments

Via the ABCcopyright community:

The Copyright Board has published the following:

Canada Gazette, Part I, Volume 153, Number 49: Statements of Royalties to Be Collected for the Reprographic Reproduction, in Canada, of Works in Access Copyright’s Repertoire for the Years 2011 to 2014 and for the Years 2015 to 2017 http://www.gazette.gc.ca/rp-pr/p1/2019/2019-12-07/html/sup-eng.html

Contrast with some of the proposed tariff wording https://cb-cda.gc.ca/tariffs-tarifs/proposed-proposes/2013/Supplement_18_may_2013.pdf

What’s changed, aside from pricing? (a small hint…reporting)

More commentary to follow as the copyright community digests this.

Fall Copyright Workshops for UVic Faculty and Staff

Did you know the UVic Copyright Office offers workshops for faculty and staff? Come and find out how to deliver course materials in class and online via CourseSpaces, etc. while adhering to copyright guidelines and legislative requirements.

Workshops start in late August.

Registration link and schedule: https://www.uvic.ca/library/featured/copyright/support/workshops/schedule.php

Re:Sound + SOCAN = Entandem!

May 9, 2019 | Via @howardknopf on twitter &  The Ottawa Citizen

After years of confusing crossover of music licensing processes, the two major Canadian music licensing organizations, SOCAN and Re:Sound, have formed an alliance, to provide streamlined licensing via their new co-venture, “Entandem“. This will make it easier for creators and users alike, hopefully. Changes to come this summer.

Read more

 

EU Approves Controversial Copyright Directive

The European Parliament has approved a controversial new Copyright Directive.

http://www.europarl.europa.eu/news/en/press-

room/20190321IPR32110/european-parliament-approves-new-copyright-rules-for-the-internet

Of particular note are articles Article 11 – which would that news aggregators (like Huffpost) should send revenue back to the publishers they are linking to – and Article 13, indicating that platforms (think YouTube) would be held responsible for any copyright-infringing content they are hosting. To what extent they would have any control over companies in other jurisdictions is unclear.

The directive excludes  non-commercial entities, so we are still safe to link to this article from the BBC March 26, 2019.

Defenders of creators rights are pleased with the development, while proponents of net neutrality are very concerned about what this will mean for freedom of access and fair use on the internet.