Tag Archives: fair dealing

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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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).

New Fronts in the Copyfight, Part 2

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.

Margaret Atwood on McLuhan’s copyright contraband

I’ve just stumbled upon this great anecdote that Margaret Atwood told the Globe & Mail in 2011, about Marshall McLuhan and his first book’s tussle with copyright.

I was one of those people who luckily was able to obtain a copy of The Mechanical Bride, early on. You know that he had to pull off the shelves – do you know this book at all?

He reproduced a lot of ads, from soap companies and cigarette companies and everything. He showed the actual ad, and then he would do an analysis of them. And it is very funny.

But the companies whose ads they were took exception. Copyright issues. And he had to pull the book. But he had them in his cellar and if you had contact you could purchase one out of the back window of Marshall McLuhan’s house – so The Mechanical Bride, a piece of genius.

McLuhan’s work sometimes shows a critical concern with copyright; The Medium is the Massage anticipates and encapsulates more or less the whole argument of Mark Rose’s 1993 book Authors and Owners:

“Authorship” – in the sense we know it today, individual intellectual effort related to the book as an economic commodity – was practically unknown before the advent of print technology. … The invention of print did away with anonymity, fostering ideas of literary fame and the habit of considering intellectual effort as private property. … The rising consumer-oriented culture became concerned with labels of authenticity and protection against theft and piracy. The idea of copyright – “the exclusive right to reproduce, publish, and sell the matter and form of a literary or artistic work” – was born. (122)

This section goes on to theorize photocopying as a democratized, user-driven form of “instant publishing”: Anybody can now become both author and publisher. Take any books on any subject and custom-make your own book by simply xeroxing a chapter from this one, a chapter from that one – instant steal!” (123). McLuhan here presents an image of radical appropriation, of the kind that copyright maximalists like the photocopy royalty-collecting agency Access Copyright (formerly CanCopy) have been invoking to lobby and litigate against fair dealing for years now. This is not to say that McLuhan’s image exemplifies fair dealing, the users’ right in copyright law that allows for certain limited reuse of copyrighted works (see “What is Fair Dealing”): he leaves unclear whether the hypothetical user is assembling just one compilation (which would be more fair), or mass-photocopying multiple copies (which would be less fair); and whether the user is using the compilation non-commercially (more fair) or for sale (less fair).

Since not only The Mechanical Bride but also The Medium is the Massage, War and Peace in the Global Village, and Culture is Our Business made extensive collage use of cut-up print media samples, maybe there is, in Atwood’s suggestive anecdote, a fuller story worth looking into. One wonders if copyright was a legal pretext exploited by the advertisers whose work he reproduced simply to suppress what he had to say about them – what he had to say about postwar advertising wasn’t good. Atwood’s description of McLuhan’s purportedly infringing work as “genius” also related interestingly to her own statements on copyright from around the same time, which tended to side with proponents of the kind of copyright maximalism that would severely curtail not only fair dealing but even the kind of licensed, commercial reuse that made so much of McLuhan’s work possible and so distinctive in the first place (see Knopf; McCutcheon, “It’s unfair”). Were books like The Mechanical Bride and The Medium is the Massage in production today, it’s conceivable that the hefty fees now being asked for permission to reprint song lyrics, poetry lines, and photographs (McCutcheon, “Cento” 92) could prove prohibitive, and prevent them from ever getting to print.

Works Cited

Atwood, Margaret. “Margaret Atwood, uncensored.” The Globe and Mail 29 Apr. 2011. http://www.theglobeandmail.com/globe-debate/editorials/margaret-atwood-uncensored/article578234/?page=all
Knopf, Howard. “To Margaret Atwood: Copyright and Cars cannot conflate.” Excess Copyright 14 Mar. 2011 http://excesscopyright.blogspot.ca/2011/03/to-margaret-atwood-copyright-and-cars.html
McCutcheon, Mark A. “The Cento, Romanticism, and Copyright.” English Studies in Canada 38.2 (2012): 71-101. http://ejournals.library.ualberta.ca/index.php/ESC/article/view/21280/16093
—. “It’s unfair to impugn #cdnpse…” Tweet 7:27 pm, 14 Oct. 2012 https://twitter.com/sonicfiction/status/257668880841973762
McLuhan, Marshall and Jerome Agel. The Medium is the Massage: An Inventory of Effects (1967). Berkeley: Gingko, 2001.
Rose, Mark. Authors and Owners: The Invention of Copyright. Cambridge: Harvard UP, 1993.
“What is Fair Dealing and how does it relate to copyright?” Library, Simon Fraser U, 4 Mar. 2015 http://www.lib.sfu.ca/faqs/copyright-fair-dealing

A Partly Automated Sonnet-Cento About Copyright Present and Future

This partly automated sonnet-cento, about copyright present and future, is composed of lines from my tweets with the technical help of Poetweet (which I can’t stop using, now that #writing201 has alerted me to it).

“Can’t we cut a little bit more, drawn from our collective pasts”

you to go to jail for sharing files
despite undecided legal challenge
and anti-democratic trade deals
poverty and climate change

and clarify notice-and-notice
amendments on controversial
users with baseless legal threats
for the use of copyrighted material

information in payment demands
models and monopolistic advantage
emphasis on the need for balance
use of Canada’s cultural heritage

exec started making some calls
your personal information to trolls