It’s just been announced that the University of Toronto and the University of Western Ontario have declined to renew the controversial blanket licence with collective Access Copyright, ending months of speculation over what the universities had planned. The decision follows Western’s overhaul of its copyright policy, with fair dealing guidelines closely modelled on UofT’s. Western had previously been one of the few larger universities that did not have any type of fair dealing policy or guidelines available on its web site.
Update: I have made some revisions to the paper, adding Grant MacEwan University to the sample, correcting Queen’s University’s Access Copyright relationship, and removing typographical errors. Much thanks to Scott Day and Mark Swartz for bringing these oversights to my attention. (May 17, 2013)
I have recently made available the results of a project I have been working on since January. I analyzed the fair dealing policies of the top 40 Canadian universities by student enrollment (excluding Quebec) for content and to determine whether there is consistency among the universities, and any relationship between the content in the schools’ copyright web sites and whether they have signed an Access Copyright licence.
The paper is available at the following link: http://ssrn.com/abstract=2263034
This research is particularly timely because of the recent lawsuit brought by Access Copyright against York University, the basis of which is York’s allegedly ineffective fair dealing policy.
The past three years have seen a number of changes in the area of copyright law, particularly in the area of education. As a result, Canadian universities have had to make policy decisions to account for these changes and the resulting expansion of fair dealing rights. The content and consistency of the resulting policies may have a significant effect on the future interpretation of fair dealing rights. In this paper I analyze the current state of fair dealing policies and supporting information found on university web sites. I conclude that an ideal fair dealing policy is open ended and flexible, and incorporates mention of the significant elements of copyright legislation, court decisions, and other areas of law, in a way that is accessible to its intended audience of faculty and instructors.
A copy of Access Copyright’s Statement of Claim against York University can be found here. It was filed in Federal Court on April 8, 2013 (see Court Docket). It is important to note that Access Copyright is not suing York merely because York is operating outside the Interim Tariff and outside of any licence with the collective. Rather, the allegation is that York educators reproduced copyrighted works that are within Access Copyright’s repertoire, and that this reproduction is not fair dealing. This reproduction causes York to be subject to the Interim Tariff, and obliges them to pay all royalties associated with the tariff. Continue reading
On April 8, 2013, Access Copyright brought legal action in Federal Court against York University. Access Copyright claims that York is impermissibly operating outside the Access Copyright Interim Post-Secondary Educational Institutions Tariff, 2011-2013 (PDF, 137 KB).