Post Tagged with: "access copyright"

Access Copyright Confirms K-12 Schools Dropping Licence in 2013

Access Copyright has confirmed that schools from kindergarten to Grade 12 will be dropping its licence as of January 2013. The schools will presumably rely on fair dealing to cover copying that would have been subject to the licence.

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December 19, 2012 5 comments News

Ontario Public School Boards Preparing To Drop Access Copyright Next Year

The Ontario Public School Board Association last week advised school boards across the province that they should prepare to stop using the Access Copyright licence effective next year. The advisory indicates that the Counsel of Ministers of Education, Copyright, which represents education ministers across the country, has received a legal opinion that confirms that K-12 schools no longer require the Access Copyright licence since they can rely on fair dealing for the small percentage of copying in schools that is unlicensed or copied without permission. A 2005 study of copying in Canadian K-12 schools conducted for Access Copyright found that 88% of copying of copyright works already had the necessary permissions without the need for an additional licence. The Access Copyright portion covered as little as 6% of the total copying and given the recent Supreme Court of Canada decisions, the schools believe that this copying is covered by fair dealing.

The advisory to the school boards includes the following (the fair dealing guidelines, which are very similar to the fair dealing policy adopted by the ACCC, can be found here):

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October 15, 2012 1 comment News

Educational Fair Dealing Policy Shows Why the Access Copyright Licence Provides Little Value

Last month, I reported that Association of Canadian Community Colleges had received a legal opinion concluding that the Access Copyright model licence had “little value” for educational institutions. The opinion recommended that ACCC members not sign the Access Copyright model licence and that those operating under the Access Copyright interim tariff cease to do so. While it did not receive much attention, the same counsel also provided a model fair dealing policy. The policy does an effective job of demonstrating why the Access Copyright licence provides very little value to education as fair dealing covers much of what the copyright collective currently offers educational users.

The core elements of the model fair dealing policy include the following:

1. Teachers, instructors, professors and staff members in non-profit educational institutions may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody.

2. Copying or communicating short excerpts from a copyright-protected work under this Fair Dealing Policy for the purpose of news reporting, criticism or review should mention the source and, if given in the source, the name of the author or creator of the work.

3. A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:
a. as a class handout
b. as a posting to a learning or course management system that is password 
protected or otherwise restricted to students of a school or post-secondary 
educational institution
c. as part of a course pack

4. A short excerpt means:
a. up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work)
b. one chapter from a book
c. a single article from a periodical
d. an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works
e. an entire newspaper article or page
f. an entire single poem or musical score from a copyright-protected work 
containing other poems or musical scores
g. an entire entry from an encyclopedia, annotated bibliography, dictionary or 
similar reference work

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October 1, 2012 4 comments News

Copyright Board: Supreme Court Copyright Decision is “Clear and Leaves No Room for Interpretations”

The Copyright Board of Canada has ruled that the copies that were at issue before the Supreme Court of Canada (roughly 7% of copies) constitute fair dealing and do not require compensation. The Board’s decision does not come as a surprise given the Supreme Court’s strong endorsement of fair dealing […]

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September 20, 2012 7 comments News

Eviscerated or Not: Katz on Access Copyright

Ariel Katz has a must-read post on the implications of the Supreme Court of Canada’s decisions for Access Copyright. The post notes that though Barry Sookman and Access Copyright have tried to minimize the importance of the decisions and suggested that it only applies to a small amount of copying, […]

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September 20, 2012 3 comments News