Author: Stephanie Boulogne

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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

 

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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.

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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

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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/

 

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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.

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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

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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

 

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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.

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Norwegian Higher Ed Institutions Forgoing Elsevier Agreement

March 14, 2019

The Norwegian Directorate for ICT and Joint Services in Higher Education & Research (UNIT) has not reached an agreement for 2019 with publishing giant Elsevier. Like the University of California system, UNIT has announced this month that they will be going forward without a subscription to Elsevier journals.

UNIT negotiates on behalf of  the “Norwegian higher education sector and Norwegian research communities, such as national research institutes and health care institutions”.

(Read More) and (in Norwegian)

 

 

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U of C ends subscription to Elsevier

The University of California system has chosen not to renew their multi-million dollar subscription with academic publishing giant Elsevier. At the heart of the issue is affordability, and the ability to make UC research available open access.

Read more in the Berkeley News: In push for open access, UC breaks ties with publishing giant Elsevier & Why UC split with publishing giant Elsevier

…see Elsevier’s official response on twitter.

 

(via Matthew Hukulak @jmhukulak  and Kim Nayyer @kimnayyer)