Copyright and Education in Canada October 2012 IWC

Revisions to copyright Act Bill C-11 passed in June 2012 Fair dealing for education (undefined) Exception for display in the classroom (collective licence no longer qualifies work as “commercially available”) Reduced statutory damages ($5,000 for all infringing uses). Infringement cost impact is much lower than cost of licence. Legal costs of suit are much higher than recoverable damages

Supreme Court of Canada July 2012 – Opinion issued on uses in K-12 sector under appeal (7% of total copyright works copied) Sent back to Copyright Board for re-consideration September 2012 – Copyright Board agrees with SCC – copies under appeal are fair dealing

Reaction by Educators Universities: 65% of universities sign Access Copyright licence by offer deadline (end of June 2012) C-11 passed days earlier. 35% decline and begin posting fair dealing policies that claim fair dealing for same terms of use defined in licence ( one chapter, 10% of book, full article… including use in coursepacks) and encourage move to Open Source content for non-fair dealing uses. Claim most content use already covered by site licences negotiated with publishers

Reaction by Educators Colleges Licence offer deadline - end of July 2012 SCC ruling July 12, 2012 Most colleges do not sign licence and post fair dealing policies that match use terms of licence, including use in coursepacks.

Reaction by Educators Primary and Secondary Schools (K-12) First tariff now certified (2005-2009) Second (2010-2012) and third (2013-1015)tariffs in process October 2012: Legal opinion provided to schools claims all uses defined under tariff are fair dealing Encourages implementation of fair dealing policy (like universities and colleges) proposes “opt-out” of Access Copyright tariff effective January 2013

Reaction by Access Copyright Access Copyright, publisher organizations and creator organizations issue statements and letters to educational institutions Point to fallacy of legal opinion and societal good of supporting Canadian educational resource production Internal recognition that licence is not valued by our customers It’s not about legal points or technicalities of collective licencing. It’s about emotional connection with educators