Tag Archives: copyright

“This Machine Chills Copyright Bots”: a #DJmix coda to #FairDealingWeek

A mad mash of Billie Eilish, Deadmau5, Lil Jon, Carly Rae Jepsen, Armand Van Helden, Public Enemy, Young Galaxy et al:

The general idea here’s a thick mix–2-4 tracks playing at most times* (all in the key of Gm/Bb)–seeking to scramble copyright bots’ capacity to discern properties; and in the process to share a genre-bent (#twotone) music mix for use in your socials that hopefully won’t get taken down by copyright bots. Which are just the worst judges of #fairuse and #fairdealing. (If you do use this mix but find your socials take it down, I’d welcome a comment about it.)
What CV Dazzle is to face recognition tech, a mix like this wants to be to automated copyright enforcement. And a coda to #fairdealingweek.
(* except the intermezzo with Sasha’s “Xpander”)

This mix, btw, began as an improvised #ValentinesDay jam for my basement #rollerskating fam…which I add to reflect how critique proceeds as a labour of love.

Downloadable-file version: TBA. Here’s the full track list:

Link

Who owns copyright in what you publish?

“Who owns copyright in what you publish?” is the talk I delivered for #ACCUTE2019 at this year’s Congress in Vancouver, and it’s now online, in full, as a post for English Matters, the blog of the Association of Canadian College & University Teachers of English.

“There are many interests vying for rights to your research, and many ways to assert or regain your own control over those rights. It’s important to know what the main regulatory contexts are — and what your options are.”

Read the full text of the talk at accute.ca/accute-blog/.

This research has been supported with the generous assistance of Athabasca University’s Academic & Professional Development Fund.

#FairDealingWorks: Fair Dealing Week 2019

This week (Feb. 25 – Mar. 1) is #FairDealingWeek, a time to celebrate this vital statutory right’s affordances for expressive freedoms and the public good, and to dispel the misinformation that copyright maximalists spread about its supposed harms. Despite repeated, clear, and consistent Supreme Court rulings, big publishers and their intermediaries continue to treat the lawful exercise of fair dealing — by users, educators, and, yes, creators too — as if it’s debatable, dubious, or diabolical.

Among the many online resources and testimonials being shared this week — see https://fair-dealing.ca/ for an aggregated collection — Meera Nair, NAIT’s copyright officer and a vocal advocate for fairer copyright, has shared a blog post that brings home the importance of fair dealing.

“Fair Dealing matters. Individual writers, musicians and artists should not need to be well-versed in the intricacies of copyright law, to benefit by exceptions to copyright defined in the law.”

And if you wish to add your voices to those telling the federal government’s copyright review committee to preserve and extend fair dealing in copyright law, you might consider signing the Fair Copyright petition organized by the Canadian Association of University Teachers.

Lastly: I’ve linked to its abstract above, but let me reiterate here that essential reading for understanding how fair dealing benefits creators is Eli MacLaren’s 2017 article on poets’ incomes and fair dealing.

#AuthorsNeedFairDealingToo.

My brief on fair dealing & education for Canada’s copyright review

Here is a copy of the brief I submitted last month to the Government of Canada’s current review of the Copyright Act (a review mandated among the Act’s 2012 amendments). This brief focuses on fair dealing and education. (Click here for the direct link to its Scribd page.)

Other excellent submissions to the review include Meera Nair’s and the Dalhousie Faculty Association’s.

It’s Fair Dealing Week 2018

This week (Feb 26-Mar 2, 2018) is Fair Dealing Week, a national campaign to raise public awareness of the importance of users’ rights in copyright law that further education, creation, and innovation. (Said rights are a subject of the federal government’s current copyright legislation review.)
See Fair-Dealing.ca to find out more; and consider signing the CAUT’s petition to the federal government to preserve (and if anything strengthen) the users’ rights in Canada’s amended copyright law.

I’ve contributed a testimonial of my own to Fair-Dealing.ca’s collection of statements from Canadian creators and educators:

Without fair dealing, licensing fees to excerpt even single lines from extant published works, especially works of poetry or song lyrics, could cost hundreds or thousands of dollars. Creative writers and authors need fair dealing no less than educators do.

If you don’t want to hear it from me, take it from no less a bona fide luminary than the late great Northrop Frye:

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.

Link

Fair Dealing Myths & Facts, from the Canadian Association of Research Libraries

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).

Meera Nair on Canada’s copyright review & fair dealing at Congress

English Matters, The blog of the Association of Canadian College & University Teachers of English (ACCUTE), features a talk by Meera Nair (NAIT) from the panel I organized & chaired at Congress on Monday, May 29, 2017: “Canada’s 2017 copyright review: academics’ perspectives.” The panel included three presenters: Sileshi Hirko (U Ottawa) made the case for re-framing copyright’s users’ rights (i.e. fair dealing) according to human rights and international rights agreements; Lisa Macklem (Western U) discussed the implications of intermediary lobbying (e.g. by Access Copyright) and international trade agreements (e.g. NAFTA) for users’ rights in Canadian copyright law; and Nair showed how not only users but also authors depend on fair dealing.
Read more about the panel at this link, where you can also read a free PDF version of Nair’s complete talk.

29 May 2017: Academics’ views on Canada’s 2017 copyright review (free & open to public at #CongreSSH)

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.

Speakers:

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).

“The TPP will invalidate millions of dollars of tax-payer funded research in Canada”

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.