Copying “a few pages” does not reach threshold of substantiality

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.

Excess Copyright: Update on Access Copyright’s Proposed Educational Tariffs at the Copyright Board

Howard Knopf has written a good analysis of the current situation with Access Copyright’s tariff proposal at the Copyright Board, laying out the main points of contention. Some important documents are also highlighted, such as AC’s objection to making public their list of affiliates, and Ariel Katz’s response.