Category Archives: Copyright
Objections to the Proposed Access Copyright Post-Secondary Tariff and its Progeny Licenses: A Working Paper
I have just completed an extensive research report entitled “Access Copyright Post-Secondary Tariff and its Progeny Licenses: A Working Paper.” My co-authors (Scott Armstrong and Brent Harasym) and I have decided to post the paper for open distribution on the Scholarship@Western website (UWO’s open access institutional repository). It is posted in the FIMS Library and […]
CARL members split on AUCC-AC Model License
While the Canadian Association of Research Libraries (CARL) has itself been silent on the issue of the AUCC-Access Copyright Model License, most of their member institutions have not signed it to date. CARL membership is restricted to the major research libraries; there are 23 university library members outside of Quebec. So far only nine eleven […]
SCC decisions provide clear guidance on fair dealing policies
One of the important results from the recent SCC copyright decisions is the additional guidance and clarity provided on the application of fair dealing. Two of the five decisions directly treated different aspects of fair dealing. Overall, the court has reaffirmed the strong policy language from its unanimous 2004 decision in CCH v Law Society […]
Reactions to SCC’s Copyright Pentalogy: News and Commentary
Here are the CanLII links to the 5 Supreme Court decisions of July 12th: Entertainment Software Assoc v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 Society of Composers, Authors and Music Publishers of Canada […]
Compilation of Annoucements for Institutions Opting-out of Model License
Here is a (partial) compilation of statements from institutions who have announced they are not signing on to the AUCC/ACCC-Access Copyright Model license: Simon Fraser University: <pending> University of Calgary: http://library.ucalgary.ca/copyright Niagara College: http://nclibraries.niagaracollege.ca/copyright Seneca College: http://seneca.libguides.com/copyright Humber College: http://www.humber.ca/news/copyright-update Royal Roads University: http://www.royalroads.ca/news-releases/royal-roads-opts-out-access-copyright-agreement University of Saskatchewan: http://www.usask.ca/copyright/news/model-license-decision.php” University of Northern British Columbia: https://library.unbc.ca/files/2012/06/June-29-announcement.pdf University of […]
A Closer Look at Warman v Fournier: Good news for online journalists
In my previous posting which focused on linking and its implications for copyright infringement, I mentioned the recent Federal Court of Canada decision in Warman and National Post v Fornier (2012 FC 803). The case is important for some other reasons as well, and the Hon. Justice Rennie’s June 21st decision should be read by […]
Once again, Linking is NOT unauthorized copying
When Access Copyright included “linking” or “hyperlinking” in its definition of “copy” in its tariff application back in 2010, the provision became one of the most notable lightning rods of opposition for the proposed tariff; a paradigm example of over-reaching. After all, Section 3 of the Copyright Act, which sets forward the full and complete list […]
Some Background Docs on the Model License
Over the next two weeks, we will likely be seeing several new releases about the adoption or rejection of the AUCC/ACCC — Access Copyright Model License on campuses across Canada. To date, we’ve seen only a handful of announcements (an ongoing compilation of updates is maintained by Ariel Katz at http://arielkatz.org/archives/1803). These announcements will likely […]
Looking past the gloss: What does the Model License really say about monitoring and reporting?
One of the recurring issues that seems to keep coming up is the extent to which the AUCC-Access Copyright Model License satisfactorily addresses the concerns raised with the proposed tariff with respect to monitoring, surveying, privacy and more generally the effect of these clauses on academic freedom. As we are getting closer to the end […]
Flawed rationales underline UA statement of intent to sign AUCC-Access Copyright Model License
The University of Alberta has issued a statement indicating its intention to sign the AUCC-Access Copyright Model license. This announcement represents a turn-around from the university’s earlier position, taken in 2011, when it announced it was opting out of the interim tariff that Access Copyright had obtained from the Copyright Board. In retreating from its […]
