Canada's Copyright Act review: Implications for fair dealing and higher education

Beginning in late 2017, the Standing Committee on Industry, Science and Technology (INDU Committee) undertook a statutory review of Canada’s Copyright Act. This article examines the recommendations made by higher education and academic library stakeholders in order to determine their copyright priorities. More specifically, the analysis highlights recommendations relating to fair dealing and addresses the tension between higher education and the Canadian publishing community. The article also explores the three fair dealing recommendations made in the INDU Committee’s final report, raises questions about the INDU Committee’s support for use of fair dealing in higher education, and proposes increased advocacy by the higher education community, including a cohesive strategy that engages directly with the public interest aspect of education’s role and the representation of its user groups. Ultimately, educational institutions are as much a part of the Canadian cultural landscape as any other copyright stakeholder. Improved advocacy is vital as Canada heads towards the next statutory review, expected to be launched in 2022.