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.

 

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.

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/

 

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

 

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 ElsevierWhy UC split with publishing giant Elsevier

…see Elsevier’s official response on twitter.

 

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

 

Public Screening of “Paywall: the Business of Scholarship” – Open Access Week 2018

Join us at the UVic Libraries Digital Scholarship Commons for a public screening of the documentary, “Paywall”. Everyone is welcome. There will be popcorn provided!

A public screening of the movie will be held on:

Date: Wednesday, October 24, 2018

Time: 2-3:30pm. Panel discussion to follow the movie until 4:30pm

Where: UVic Libraries, Digital Scholarly Commons

Please register at https://paywall.eventbrite.ca   paywall movie poster

 

 

 

 

 

 

 

 

 

 

 

 

About the filmPaywall: The Business of Scholarship is a documentary which:

  • focuses on the need for open access to research and science
  • questions the rationale behind the $25.2 billion a year that flows into for-profit academic publishers
  • examines the 35-40% profit margin associated with the top academic publisher Elsevier, and
  • looks at how that profit margin is often greater than some of the most profitable tech companies like Apple, Facebook and Google.

Produced and directed by Jason Schmitt, Clarkson University, NY

The film is also available to stream for free here: https://paywallthemovie.com/

*re-post of UVic Scholarly Communication blog October 5, 2018*

 

New NAFTA/USMCA deal extends public domain by 20 years

The new U.S.-Mexico-Canada Agreement (USMCA), signed yesterday, agrees to extend Canada’s term of copyright, to align with the current U.S. law. We have to wait and see how this agreement will be incorporated into Canadian Copyright Law.

Read the Intellectual Property Provisions here

As reported by CBC and Michael Geist October 1, 2018

Copibec v Université Laval reaches a settlement

Re: Copyright infringement class action by CopIbec against the University of Laval

via @kimnayyer @InbaKehoe

Since 2014, legal action has been taking place – in the form of a class action suit brought forth by Copibec, Quebec’s non-profit copyright collective, against Laval University. At issue is Laval’s choice not to renew a license agreement with Copibec, or pay tariffs, for educational use of copyrighted materials.

Some history on the case, Via Howard Knopf at Excess Copyright Nov. 17, 2014

This case has made its way through the court of appeal, and parties have reached a settlement, available on Copibec’s website. Amounts owing are in the range of $2M.