Michael Geist has written a blog post on the series of questions posed by the Copyright Board to Access Copyright in the post-secondary education tariff proceedings.
Prof. Geist specifically notes the Board’s view that the copying of a couple of pages from a book is not “substantial”, and does not implicate any of the copyright owner’s exclusive rights; therefore, there would be no need for a fair dealing analysis.
“The Board’s preliminary view is that the copying of a few pages or a small percentage from a book that is not a collection of short works, such as poems, is not substantial.” — Copyright Board (pdf)
The Board invites Access Copyright to comment on its view.