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).
Thanks to EVENT Magazine for publishing two of my poems, “What a name’s in” and “No family one pictures” — alongside superb work by other writers — in the current issue (vol 46 no 2, 2017).
“Stephen Harper as Killer Robot” is my new article in English Studies in Canada‘s just-published special issue on the automated body.
While an article about Harper might seem like a political postmortem, the former prime minister’s popular caricature as a robot speaks to widespread fears about the implications of technology for democracy. These alarming implications have been analyzed recently in tech CEO Berit Anderson’s article “The rise of the weaponized AI propaganda machine.” Anderson’s article is a must-read for appreciating the extent to which digital technology now poses a real and present threat to democracy. Anderson’s article sort of picks up — and dives in — where mine leaves off, as a discussion of how that threat has been growing in Canada for some time now.
Stencil by “myheadhurtsalot” (https://i.imgur.com/JFfG3.png). My thanks to this Redditor for their permission to reprint their image in my article.
“Stephen Harper as Killer Robot” is currently available online via the Project Muse database, but ESC‘s decent open access policy means the article will be publicly available soon, in 6 months to a year (that’s soonish, for academia). But in the meantime, if you want a copy and can’t access Project Muse, leave a comment below, or send me an e-mail at academicalism[at]gmail[dot]com.
in solidarity with #SteFoyMosque;
in outrage at terrorism & the dogwhistle politics stoking hate;
in sorrow with Canada, where #WeAllBelong.
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.