As discussed in my post on the ACCC fair dealing policy, the breadth of fair dealing raises obvious questions about the necessity of an Access Copyright licence. All educational institutions already spend millions on licensed materials. Indeed, the Access Copyright study on K-12 institutions found that 88% of copying was permitted without the need for either an Access Copyright licence or reliance on fair dealing.? Given the scope of fair dealing as articulated by the Supreme Court of Canada, many are concluding that the Access Copyright licence offers little additional value to Canadian educational institutions.
The University of Toronto was the first to sign an Access Copyright licence earlier this year. By adopting this fair dealing guideline, it seems likely to drop the licence at the first opportunity in 2013. The University of Toronto fair dealing guidelines include the following:
1. Faculty and other members of the teaching staff, as well as
other University staff supporting the educational activity may
communicate and reproduce, or otherwise deal with, in paper or
electronic form, short excerpts (as defined below) from a
copyright-protected work (including literary works, musical
scores, sound recordings and audio-visual works) for the purposes
of research, private study, education, parody, satire, criticism,
review, or news reporting. In some limited circumstances, such as
with a photograph or drawing, an entire work may be copied.
2. Copying or communicating short excerpts from a
copyright-protected work for the purpose of news reporting,
criticism or review must mention the source and, if given in the
source, the name of the author or creator of the work.
3. Subject always to the consideration and application of the
fair dealing factors referred to above, a copy of a ?short
excerpt? from a copyright-protected work may be provided or
communicated to each student enrolled in a class or course:
a. as a class handout
b. as a posting to a learning or course management system
that is password protected or otherwise restricted to students of
the University
c. as part of a course pack
4. A ?short excerpt? can mean (but is not limited to and may
vary depending on the exact nature of the work being used, and of
the use itself, all in the context of consideration and
application of the fair dealing factors):
a. up to 10% of a copyright-protected work (including a
literary work, musical score, sound recording, and an audiovisual
work)
b. one chapter from a book
c. a single article from a periodical?
d. an entire artistic work (including a painting, print,
photograph, diagram, drawing, map, chart, and plan) from a
copyright-protected work containing other artistic works
e. an entire newspaper article or page
f. an entire single poem or musical score from a
copyright-protected work containing other poems or musical scores
g. an entire entry from an encyclopedia, annotated
bibliography, dictionary or similar reference work, provided that
in each case you copy no more of the work than you need to in
order to achieve the allowable purpose.
5. Copying or communicating multiple different short excerpts
from the same copyright-protected work, with the intention of
copying or communicating substantially the entire work, will
generally not be considered fair dealing.
6. Copying or communicating that exceeds the limits in these
Fair Dealing Guidelines will require further analysis, including
additional scrutiny of the principles enunciated in CCH and the
other Supreme Court cases referred to above. If you find yourself
in this situation you should seek guidance from a supervisor or
other person designated by the University for evaluation. An
evaluation of whether the proposed copying or communication is
permitted under fair dealing will be made based on all relevant
circumstances.
7. Any fee charged by the University for communicating or
copying a short excerpt from a copyright-protected work must be
intended only to cover the University?s costs, including overhead
costs.
Wednesday November 14, 2012 Related Items:
Source: http://www.michaelgeist.ca/content/view/6698/125/
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