A “Fair and Better Way Forward”… but how?

Recently the Canadian Copyright Institute (CCI) have made publicly available an opinion paper from Fall 2013 that sets out their position on the 2012 Copyright Act amendments and the Supreme Court’s decision in Alberta (Education) et al. v. Access Copyright.

Important analyses of the paper have been written by Michael Geist and Meera Nair.

Michael Geist, Canadian Authors & Publishers: We Demand Education Talk To Us As Long As It Leads to New Payments (March 14, 2014): http://www.michaelgeist.ca/content/view/7091/125/

Prof. Geist points at what CCI’s paper does not address — that the majority of copying done in Alberta (Education) was already permitted for various reasons before fair dealing or blanket licences even needed to be considered. Nor does the paper acknowledge the Supreme Court’s stance toward technological neutrality, per Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada — “… absent evidence of Parliamentary intent to the contrary, we interpret the Copyright Act in a way that avoids imposing an additional layer of protections and fees based solely on the method of delivery of the work to the end user.” (para. 9)

Meera Nair, Rewriting History (March 23, 2014): http://fairduty.wordpress.com/2014/03/23/rewriting-history/

Dr. Nair adds to the discussion by noting that CCI’s claim of pending devastation to the publishing industry is at most unsupported, and at least irrelevant. As she puts it, “It is not incumbent upon the education sector to prop up the publishing sector by making unnecessary payment for materials.”

Both commentators advise that if the CCI and other organizations of copyright owners want a meaningful discussion with the educational community, the theme must be one of adaption and not intimidation.

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