Happy Fair Use/Dealing Week

February 23-27 is Fair Use Week, a “community celebration of fair use coordinated by the Association of Research Libraries.”

Here in Canada, we’re celebrating the equivalent (but not exactly the same, of course) Fair Dealing Week.  The Scholarly Communications and Copyright Office at the University of Toronto are initiating a nation-wide discussion on fair dealing in Canada, via the Twitter handle @UofTSCCO and the hashtag #FairUseWeek2015.

Here at the University of Western Ontario, on Friday, February 27, Prof. Samuel Trosow and I will be discussing fair dealing and how it relates to contract law. Details are below:

Copyright and contracts: The fight over information

Fair dealing is a exception to copyright infringement that is granted by the Copyright Act. In 2004, the Supreme Court characterized fair dealing as not only an exception, but as a user’s right that should be interpreted broadly. In 2012, it reiterated that position. That same year, Parliament extended the scope of this user’s right by adding “education, parody and satire” to the list of fair dealing purposes in the Copyright Act. However, copyright owners and database publishers can attempt to limit the reach of fair dealing in contracts granting subscriptions to electronic information. Are these contract terms valid? Professor Samuel Trosow and Lisa Di Valentino will discuss the intersection between copyright law and contract law that has become a significant issue in a world of digital access to knowledge.

Friday, February 27, 2015
12:00pm – 1:20 pm
North Campus Building, Room 293

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Increase in cost of course packs, but what are the reasons?

The Varsity, the University of Toronto’s student newspaper, reports that students are being made to pay increased (sometimes doubled) prices for printed course packs since the expiry of the UofT’s licence agreement with Access Copyright (AC).

Some might jump straight to the argument that because UofT no longer licences with Access Copyright, the works (or at least up to 20% of them) aren’t covered by a blanket agreement, and thus by necessity students are paying more on a per-page basis.

More likely, this is an issue with communication, specifically between the library and the instructors.

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Rocky start for post-Access Copyright era? Not quite.

Ariel Katz discusses the transition from Access Copyright blanket licence to in-house compliance management at the University of Toronto. He argues that the so-called upheaval claimed by AC is not much more than the usual hiccups experienced when moving from one system to another. He addresses the ambiguity surrounding the scope of AC’s repertoire (the copyright owners they claim to represent, and the specific works covered by the blanket licence or potential tariff), the use of licences directly negotiated with publishers, and the ostensible conflict between the interpretations of fair dealing held by AC and the university.

UofT, Western decline to renew blanket licence with Access Copyright

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.

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