ABC Copyright Conference 2018

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User Rights Advocacy: The Australian Experience

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Peer reviewed: 
No, item is not peer reviewed.
Date created: 
2018-05
Abstract: 

Delia Browne, National Copyright Director for the Council of Australian Governments (COAG) Education Council, will share insights from the Australian experience with advocating for user rights during a copyright review.

Australia has conducted two extensive copyright law reform inquiries – the Australian Law Reform Commission Inquiry into Copyright and the Digital Economy in 2012/13 and the Productivity Commission Inquiry into IP arrangement in 2016/17. Both reviews supported the introduction of a flexible fair use exception to replace the outdated fair dealing and other exceptions and a range of other recommendations including streamlining the education statutory licenses, introducing new exceptions to the anti-circumvention TPM provisions for libraries, archives, education and organizations supporting disability access, expanding safe harbours to educational institutions, etc.

A raft of new legislation and regulations was introduced finally in 2017 with a whole more copyright law in the pipeline in 2018. Delia will discuss the recent 2017 copyright law reform amendments and the upcoming 2018 further consultations by government on flexible fair use or other flexible use models and what is still missing and needs to be fixed.

She will also discuss what the Australian Education sector learnt from 2012 Canada copyright law reform and how Australia’s education sector responded to the rights holders’ attempts to discredit Canada’s 2012 copyright law reform in particular fair dealing for education.

Delia Browne is the national copyright director of the National Copyright Unit (NCU), Copyright Advisory Group, COAG Education Council. Delia is a highly respected copyright lawyer and policy advocate. She is currently leading the advocacy for the introduction of flexible fair use and other education-related copyright law reform on behalf of the Schools and TAFE sector.

She is the Education Sector Lead of Creative Commons Australia and works closely with Creative Commons, Open Society Institute and many other international organizations advocating OER and copyright law reform. She is one of the co-drafters of the Cape Town Declaration on Open Education and one of the co-founders and President of Peer 2 Peer University (P2PU)  www.p2pu.org.

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10% or 6 Factors? Looking beyond the Numbers in Educational Fair Dealing Guidelines

Peer reviewed: 
No, item is not peer reviewed.
Date created: 
2018-05
Abstract: 

Fair dealing policies at educational institutions have been the subject of much controversy.  But no one understands them better than the individuals whose job it is to interpret, explain and apply them on a daily basis.  In this session, copyright specialists from three Ontario universities, take a deep dive into the different guidelines in place at their respective institutions.  Using illustrative examples of some of the more complex fair dealing analyses they’ve been involved in, the presenters will demonstrate how sound fair dealing policy can enable nuanced fair dealing assessments that focus more on fairness than formulas.

Stephanie Orfano is from the Scholarly Communications and Copyright Office at the University of Toronto Libraries. Stephanie collaborates with faculty, staff and students on issues related to publishing, copyright, licensing and permissions, and the many paths to open scholarship.

Ann Ludbrook is the Ryerson University Library Copyright and Scholarly Engagement Librarian and also manages the One Stop Course Reading Service – E-Reserves at Ryerson. She is also does outreach and project support in the areas of Open Education and Scholarly Communication.

Heather Martin is the Copyright Officer at the University of Guelph, and also manages the Library’s E-Learning and Reserves Services team.  Her latest project is chairing the University of Guelph’s task force on Accessible and Affordable Course Content and Open Educational Resources.

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Walking the Textbook Tightrope: How Might Copyright Specialists Help?

Author: 
Peer reviewed: 
No, item is not peer reviewed.
Date created: 
2018-05
Abstract: 

The problem of illegal sharing of copyrighted textbooks is well-known, but effective ways to address it today are less clear.  For some, the solution is simple: promote and invest in open educational resources (OERs).  While the idea of high-quality, relevant, widely available, trusted, and widely-adopted OER textbooks is easy to support, even the most enthusiastic proponents would likely concede that converting this worthy aspiration to reality will take considerable time, effort and resources.  Assuming that we do what we can to support the development and use of OERs, in the meantime, how might copyright specialists help those who still find themselves on the traditional-textbook tightrope?

In this presentation, I look at some textbook-related issues that prompted me to explore the extent of online sharing of textbooks and to think about the tightrope situation from multiple perspectives, including students, instructors, rights holders, and copyright specialists.  I am interested in discussing issues such as the following:  Do our institutional policies clearly articulate the requirement that students conduct themselves in accordance with all relevant laws, including the Copyright Act? How might copyright specialists assist in better aligning the sometimes competing interests of the users and owners of copyrighted textbook content?

Rumi Graham is the University Copyright Advisor & Graduate Studies Librarian at the University of Lethbridge.

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The Copyright Act of Canada: A Reflection of All Founding Nations

Author: 
Peer reviewed: 
No, item is not peer reviewed.
Date created: 
2018-05
Abstract: 

Copyright is accepted without question as a right; fair dealing has been acknowledged as having that same stature through our highest court’s designation of fair dealing as a user’s right. Yet begrudging token acceptance, or continued dismissal, is a still-too-frequent reaction to the dialogue of user rights. The impediment to unreserved recognition of user rights appears to be the uncomfortable realization that by extending rights to include fair dealing, copyright loses its supremacy. A reaction that might feel eerily familiar to every minority group which has sought to: (i) be granted the same stature as that of the ruling majority; and (ii) be treated with equal respect thereafter.

As an academic exercise, this author probed the connection between Canada’s particular history of equality rights and fair dealing to unexpected discovery: the Copyright Act is trijural. While currents of common law and civil law are statutorily evident, Indigenous legal traditions underpin the system of copyright itself. Such tradition appears through two vital characteristics: (i) the public domain, the very premise upon which copyright obtains its legitimacy, is a living practice among aboriginal communities; and (ii) the practice of creativity shows more affinity to the community-minded ethos of Indigenous cultures, than to the presumption of solitary genius espoused by the Romantics.

Quite apart from the challenges regarding the ambit of copyright and the application of exceptions, much as we acknowledge that physical ground beneath our feet is Indigenous territory, we ought also to acknowledge the Indigenous foundation of copyright law.

Meera Nair is the Copyright Officer for the Northern Alberta Institute of Technology. She received a doctorate in communication in 2009; her research interest lies in systems of copyright. In 2012 she was awarded an Azrieli international postdoctoral fellowship for a comparative study between Canadian and Israeli copyright law. Meera also authors the blog Fair Duty (https://fairduty.wordpress.com/); further details regarding her research and fair dealing advocacy can be found there.

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Controlled Digital Lending (CDL): A Panel to Discuss Legal and Practical Considerations Involved in the Implementation of CDL by Public and Post-Secondary Libraries in Canada

Peer reviewed: 
No, item is not peer reviewed.
Date created: 
2018-05
Abstract: 

Controlled Digital Lending (CDL) is a model under which a library would digitize physical books in its collection, including in-copyright works, and lend out the digital version to one user at a time, for a limited time, using appropriate safeguards.  We propose a panel to discuss legal and practical considerations involved in the implementation of CDL by public and post-secondary libraries in Canada.

Many books in post-secondary and public libraries remain underutilized because they only exist in physical form sitting on the shelves. CDL can help make library collections accessible to a broader community.  Its benefits include breathing new life into older and difficult to find books, many of which are out-of-print, as well as making a breadth of information resources and knowledge available to anyone with internet access, regardless of the reader’s physical location, physical ability, or economic status.

However, one of more significant perceived barriers to making physical books available in digital format through CDL is copyright law.

This panel will discuss the prospective legal and practical considerations arising from implementing CDL at libraries in Canada.  This discussion will include the extent to which fair dealing or other exceptions in the Copyright Act can reasonably support the digitization and controlled lending of those digitized versions of in-copyright books, as well as what safeguards and best practices might appropriately be applied to such a model to better manage risk.

Adrian Sheppard – Director, Copyright Office, University of Alberta

Lila Bailey – Lila is Policy Counsel for Internet Archive where she advises the organization on the complex legal and policy issues associated with democratizing access to knowledge. Prior to this, Lila was a solo practitioner specializing in digital copyright and supporting individual entrepreneurs and creators, early stage start-ups, Internet platforms, and libraries. Lila began her working life in traditional publishing at Conde Nast Publications, but decided to go to law school so that “the lawyers wouldn’t break the Internet.” Since then, she has dedicated her career to public interest technology law, and has worked to increase access to knowledge at Creative Commons, the Electronic Frontier Foundation, the William and Flora Hewlett Foundation, and the Samuelson Law, Technology and Public Policy Clinic at Berkeley Law. Lila has a JD from Berkeley Law and a BA in Philosophy from Brown University.

Ariel Katz – Associate Professor, Faculty of Law, University of Toronto

Andrea Mills – Digitization Program Manager, Internet Archive Canada

Graeme Slaght Scholarly Communication & Copyright Outreach Librarian, University of Toronto

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What are the implications if York loses?

Author: 
Peer reviewed: 
No, item is not peer reviewed.
Date created: 
2018-05
Abstract: 

In July of 2017, many people in education were dismayed to learn that Access Copyright had won its lawsuit against York University.  Yes, York has appealed and yes, both sides have the option to appeal one further time after the current appeal to the Supreme Court.  But York’s loss has shaken faith in the fair dealing defence used so effectively in CCH and Alberta v. Access Copyright.

What are the implications if York loses?  Access Copyright would like a York loss to condemn all of the fair dealing policies developed by both post-secondary and K-12 education forcing education back into the tariff process.  Does aYork loss condemn all of education to fair dealing overreach?  Or does York have specific problems that do not broadly extend to other educational institutions?  What would a final York loss mean to educational institutions across the rest of Canada?  We will look at the current York decision and try to read the tea leaves for what might come next.

Robert Tiessen is a Content Development Librarian within the University of Calgary Libraries & Cultural Resources.  He has worked at the University of Calgary Library in various roles since 1999 after moving back to Canada from working as a librarian in Montana and Ohio.  His interest was sparked in copyright after wondering why the copyright rules were so different between Canada and the US.  He is a member of the CFLA Copyright Committee.

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