The sky is not falling--A discussion about the Fair Dealing Guidelines
Date
2019-05-31
Authors
Nair, Meera
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Over the past year, the Federal Government has sought input from Canadians regarding the state of the Copyright Act; a particularly divisive issue has been the inclusion of "education" in the scope of Fair Dealing. Brought in via the prior amendments of 2012, authors and copyright-owners have been forthright in their requests to remove, or curtail, that inclusion. While such a prospect may appear worrisome to academic administrators across the country, the reality is that Canadian educational institutions never needed "education" to begin with. Complicating matters is the ongoing litigation concerning York University. Yet, this should not limit application of fair dealing by students, instructors, and staff, as currently practiced under the national approach known as the Fair Dealing Guidelines. The legitimacy of those guidelines begins, not with the events of 2012 or later, but by the complete oeuvre of the famed CCH decision of 2004. In this session, Heather Martin and Meera Nair place contemporary educational practices involving fair dealing against not only CCH's history, but also institutions' own histories in terms of vendor relations and acquisitions. Participants will engage in discussion with the goal of reframing the Fair Dealing guidelines in light of current events, and to more accurately reflect a principled-approach to exercising fair dealing.
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fair dealing, guidelines, post-secondary
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ABC Copyright 2019