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”


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.

EU Approves Controversial Copyright Directive

The European Parliament has approved a controversial new Copyright Directive.



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.

#FairDealingWeek Discussion “Keep Copyright Fair” Event

The #FairDealingWeek Discussion “Keep Copyright Fair” is available for restreaming here: https://youtu.be/F6yu8OrK1xo

The original event – Feb 28th, 2019 – was hosted by McMaster University Library, featuring Paul Jones of CAUT and Dr. Carys Craig of Osgoode Hall Law School

via @jzerkee on twitter

#FairDealingWeek livestream event today: “Balancing the Scales”

From Simon Fraser University Library (CC-BY-NC)

Fair Use/Fair Dealing Week is an annual celebration of the doctrines of fair use and fair dealing — a perfect opportunity to reflect on what is quickly becoming a pivotal period in the history of copyright in Canada. York University has appealed the decision in its case with Access Copyright, the statutory review of the Copyright Act is still underway, and the USMCA free trade agreement promises to extend the term of copyright protection by twenty years. In this climate, building increased awareness about user rights such as fair dealing is more important than ever before.

This Fair Dealing Week, SFU, UBC, Langara, KPU, Douglas, VCC and JIBC invite you to an afternoon of presentations and discussion aimed at demonstrating the value of fair dealing in a modern Canadian context and highlighting the perspectives of diverse copyright stakeholders.

Balancing the scales: The role of fair dealing in Canada

Tuesday, February 26, 1:00 – 4:15pm at SFU Harbour Centre

This event will also be webcast at this link and recorded for those unable to attend in person.

This event will feature a panel, moderated by Michal Jaworski, former legal counsel to UBC and partner at Clark Wilson LLP, with panelists:

Devon Cooke, documentary filmmaker;

Peter Musser, YouTube creator;

Andrea Stuart, Canadian Association of University Teachers; and

Linda Valecourt, Douglas College Bookstore.

The panel discussion will be followed by a keynote presentation by Dr. Meera Nair, Copyright Officer at Northern Alberta Institute of Technology, reflecting on the 15th anniversary of the 2004 Supreme Court of Canada CCH decision, a significant case addressing fair dealing.

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*


Standing Committee on Heritage looks at Copyright Act

The Parliamentary Committee on Canadian Heritage has begun a review of “Remuneration Models for Artists and Creative Industries“., in the context of the Copyright Act.

This is occurring in tandem with this year’s review of the Copyright Act by the Committee on Industry, Science and Technology.

To date, members of the Canadian music industry and community have been making submissions to the Heritage committee. The media coverage has been wide for singer/musician Bryan Adams’ presentation to the committee on September 18th.

Watch recorded session on ParlVu

Adams’ attention was focused on S.14(1) of the Act:

Limitation where author is first owner of copyright

14 (1) Where the author of a work is the first owner of the copyright therein, no assignment of the copyright and no grant of any interest therein, made by him, otherwise than by will, after June 4, 1921, is operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of twenty-five years from the death of the author, and the reversionary interest in the copyright expectant on the termination of that period shall, on the death of the author, notwithstanding any agreement to the contrary, devolve on his legal representatives as part of the estate of the author, and any agreement entered into by the author as to the disposition of such reversionary interest is void.”

Adams proposed that wording be changed to have copyright more likely revert to the creator within the creator’s lifetime, rather than after death. Up until now, much of review related to the term of copyright discussed when a work enters the public domain. Bryan Adams’ testimony approaches the examination of copyright term in how it affects and addresses publishing contracts and the remuneration of creators over a lifetime.

See CBC coverage Tuesday, September 18, 2018

See Michael Geist’s Blog on the topic, September 20, 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.


The CIPPIC/CGRC Proposal: An Open Licensing Scheme for Traditional Knowledge

Proposal: An Open Licensing Scheme for Traditional Knowledge

This is an interesting resource put forward in 2016 by Carleton University Geomatics and Cartographic Research Centre & The Canadian Internet Policy and Public Interest Clinic. A good summary of some of the issues around Indigenous Knowledge and the intersection of “western notions of  IP” and First Nations principles of OCAP. Proposes a licensing scheme based on the Creative Commons Model, but adds layers such as community consent and reciprocity.

Via Meera Nair’s Fair Duty Blog, June 25, 2018