Category: Legislation

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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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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

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Statutory Review of the Copyright Act – Michael Geist’s Comments

For those following the 2018 review of the Canadian Copyright Act.

Here is Michael Geist’s commentary so far: Making Sense of the Spending

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and part two: The Declining Value of the Access Copyright License

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and part three: Exploring the Impact of Site Licensing at Canadian Universities

 

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Statutory Review of the Copyright Act – Education Sector Presents Evidence in the House of Commons

The Parliamentary Standing Committee on Industry, Science and Technology met with stakeholders from the post-secondary education sector yesterday as part of the 2018 Copyright Act review. Representatives from Universities Canada, the Canadian Federation of Students, the Canadian Association of University Teachers, and Campus Stores Canada spoke with the committee about Indigenous knowledge, fair dealing, library consortia licensing, Access Copyright v York University, open access and public domain, among other issues.

Watch a replay here.

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Bill to amend the Copyright Act in support of persons with a disability is currently under review.

Bill C-11, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), is currently in its second reading in Senate. The Bill attempts to bring our Canadian Copyright Act into agreement with the 2013 Marakesh treaty  adopted by the World Intellectual Property Organization (WIPO), of which Canada is a member.

The Bill adds/amends language around reproducing material in a “format specially designed for persons with a perceptual disability”1 and its intent is to “facilitate access for such persons to copyrighted materials while ensuring that the interests of copyright owners are safeguarded“2. Part of this would be accomplished by strengthening the language around bypassing technological locks and border restrictions, when in support of persons with a disability.

Howard Knopf and Michel Geist have expressed concerns about the language around the definition of the “commercially available” exception in the Act.

 

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UK copyright reforms include an exception that allows for text and data mining

John Kelly | Jisc | February 9, 2016

In 2014, the UK government introduced copyright reform which includes an exception which “permits any published and unpublished in-copyright works to be copied for the purpose of text mining for non-commercial research. This includes sound, film/video, artistic works, tables and databases, as well as data and text, as long as the researcher has lawful access”.

UK researchers must still have legal access to the material, such as a database license through their institution. A key point is that the exception includes a provision which negates contracts/license agreements that attempt to override the law and deny text and data mining. This means no more checking each institution’s database license agreements before embarking on noncommercial text and data mining research. However, DRM protection, to “maintain their network security or stability,” is still allowable, and researchers are not permitted to circumvent these measures.

For more, see: “The text and data mining copyright exception: benefits and implications for UK higher education”

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Notice and Notice policy

The “notice-and- notice policy for ISPs goes went into effect on January 2, 2015. Canadian internet providers will be required to forward copyright infringement notices to their subscribers. Providers who do not comply face up to $10,000 in damages.The law caps damages, for internet users, at $5,000 on non-commercial infringements.

See Michael Geist blog of a discussion on this issue: http://www.michaelgeist.ca/2014/12/notice-difference-new-canadian-internet-copyright-rules-isps-set-launch/

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Illegal downloads and potential lawsuits

Gillian Shaw | Vancouver Sun | February 29, 2014

“Canadians who illegally download music, movies and other copyright material may no longer be able to hide from potential lawsuits.

In a groundbreaking decision released Thursday by Canada &s Federal Court, the Internet service provider TekSavvy Solutions was ordered to release to Voltage Pictures LLC the names and addresses of more than 2,000 Internet users suspected of pirating movies…”

For more on the story see: http://www.vancouversun.com/technology/personal-tech/Illegal+downloaders+federal+court+crosshairs/9533007/story.html