Six things the public & the government need to know about fair dealing

Amidst ongoing efforts by copyright-maximizing lobbyists to mislead both the public and the government (which is now undertaking its 5-year review of the amended 2012 copyright act) about what fair dealing is, and what it means for Canadian culture, innovation, and education, here are six evidence-based points worth understanding about fair dealing.

  1. Over a decade’s worth of Supreme Court rulings have firmly and consistently enshrined fair dealing as a users’ right in copyright law.
  2. If Canadian publishers are hurting, it’s not because of fair dealing.
  3. In the name of authors, lobbyists against fair dealing antagonize and vilify educators — but many educators are authors themselves.
  4. Far from “pirating” protected works, educators actively promote authors’ interests, e.g. by ordering Canadian authors’ works in large quantities for schools and students to buy. (See p. 2, item 4 of CARL-ABRC’s Fair Dealing fact sheet.)
  5. Authors need fair dealing too, no less than educators do.
  6. Fair dealing augments and reinforces our Charter-guaranteed freedom of expression: any change to fair dealing (or to copyright more generally) must be understood as a change to free speech rights.

All these points are supported by case law and rigorous, evidence-based studies (by nationally recognized experts like Bita Amani, Carys Craig, Michael Geist, Ariel Katz, and Meera Nair, among others).

So next time you read that teachers are killing Canadian publishing, or stealing Canadian content, don’t believe the hype.

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