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.
- Over a decade’s worth of Supreme Court rulings have firmly and consistently enshrined fair dealing as a users’ right in copyright law.
- If Canadian publishers are hurting, it’s not because of fair dealing.
- In the name of authors, lobbyists against fair dealing antagonize and vilify educators — but many educators are authors themselves.
- 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.)
- Authors need fair dealing too, no less than educators do.
- 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.
The Canadian Association of Research Libraries has published a helpful, concise briefing on fair dealing in Canadian copyright law.
Get the facts, not the all-too-pervasive myths.
Fair Dealing Myths & Facts (PDF format; updated November 2017).
At 1:30 pm on May 29, at Congress hosted by Ryerson U in Toronto, I will be chairing Academics’ Perspectives on Canada’s 2017 copyright review — it will be an Open Congress panel, meaning it’s free and open to the public.
Sileshi Hirko (uOttawa and Open AIR): “Reframing User’s Right under Canadian Copyright Jurisprudence as a Human Right”
Lisa Macklem (Western U): “Copyright’s Role in Preserving and Ensuring Access to Culture: The Way Forward”
Meera Nair (NAIT): “Copyright Review 2017 – a Plea to the Academics”
This panel will share perspectives on the federal government’s upcoming review of Canada’s amended copyright law (tentatively scheduled for fall 2017). The public discourse on this review is dominated by the views of publishers and copyright holders’ intermediaries who are calling for the government to revise if not retract the legislative expansions regarding fair dealing. Rights holders’ lobbyists like Access Copyright and the Writers’ Union of Canada have been claiming that fair dealing is endangering Canadian publishing and content creation. How can educators and researchers (who, in these roles, are also promoters of culture) respond to these accusations and demonstrate the social and economic value of “dynamic fair dealing”?
The panel is hosted jointly by the Association of Canadian College & University Teachers of English (ACCUTE) and the Canadian Society for Digital Humanities / Société canadienne des humanités numériques (CSDH/SCHN).
Following the annual conference of the Association of Canadian College & University Teachers of English (ACCUTE) at Congress in Calgary, ACCUTE has posted to its English Matters blog a condensed version of my conference talk on the Trans-Pacific Partnership (#TPP):
“The TPP will invalidate millions of dollars of tax-payer funded research in Canada”: Implications of the TPP for Canadian literature and literary studies
The article identifies many major authors whose entry to the Canadian public domain the TPP will interfere with; and it highlights a few publishing and research projects that the TPP will kill, thus posing a waste of public funds and a cost to Canadians’ social literacy and access to knowledge.
The article ends with links and resources for how to “stop the TPP and the mess it would make of the Canadian public domain (not to mention the Internet).”
A full version has been sent to Canada’s Minister of International Trade, and submitted to the Government of Canada’s Public Consultations on the TPP.
“The DJ as Critic”: my article in the latest issue of English Studies In Canada. Seeing work reach print never gets old, but the design of ESC is always exceptional, from typeface to pull-quotes.
This issue also features work by national treasures like Diana Brydon, Susan Brown, George Elliott Clarke, Smaro Kamboureli & Len Findlay, to name just a few…so I’m thrilled my words get to rub paper shoulders with such a Who’s Who of Canadian literature and literary studies.
This article is presently available only in the print edition of ESC; I will update this post when the article becomes available online.
UPDATE: This issue of ESC is now digitally available via Project Muse. The article is at this link, available to Project Muse users (i.e. postsecondary students and faculty). If you don’t have Project Muse access, but want a copy, just e-mail me a request for it. (That’s one way fair dealing works.) Eventually it will be openly accessible at ESC‘s website, but not for another year or so.
Now published, just in time for Fair Dealing Week 2016: Part 2 of New Fronts in the Copyfight, my guest-edited series in Digital Studies/Le champ numérique (DSCN). DSCN is an open access journal in the Digital Humanities. New Fronts in the Copyfight is a series featuring innovative, multidisciplinary directions in critical copyright studies. The new installment includes research articles by Dr Carolyn Guertin (author of Digital Prohibition) on digitally remixed creativity, and by Dr Daniel Downes (author of Interactive Realism and co-editor of Post-Colonial Distances) on a theory of “transproperty.” The installment also includes my review of Rosemary Coombe et al’s Dynamic Fair Dealing (2014), an excellent book, and a timely one, given the fast-approaching review of Canada’s amended copyright act and the copyright implications of the signed but not yet ratified Trans-Pacific Partnership.
Posted in copyfight, Empire, mix and mash, politics, popular culture, Reading, Uncategorized
Tagged copyright, digital humanities, fair dealing, fair use, FairUseWeek2016