The core elements of the model fair dealing policy include the following:
1. Teachers, instructors, professors and staff
members in non-profit educational institutions may communicate and
reproduce, in paper or electronic form, short excerpts from a
copyright-protected work for the purposes of research, private
study, criticism, review, news reporting, education, satire and
parody.
2. Copying or communicating short excerpts
from a copyright-protected work under this Fair Dealing Policy for
the purpose of news reporting, criticism or review should mention
the source and, if given in the source, the name of the author or
creator of the work.
3. A single copy of a short excerpt from a
copyright-protected work may be provided or communicated to each
student enrolled in a class or course:
a. as a class handout
b. as a posting to a
learning or course management system that is password ?protected
or otherwise restricted to students of a school or post-secondary
?educational institution
c. as part of a course
pack
4. A short excerpt means:
a. up to 10% of a copyright-protected work
(including a literary work, musical score, sound recording, and an
audiovisual work)
b. one chapter from a book
c. a single article from a periodical
d. an entire artistic work (including a
painting, print, photograph, diagram, drawing, map, chart, and
plan) from a copyright-protected work containing other artistic
works
e. an entire newspaper article or page
f. an entire single poem or musical score
from a copyright-protected work ?containing other poems or musical
scores
g. an entire entry from an encyclopedia,
annotated bibliography, dictionary or ?similar reference
work
Comparing the scope of the copying rights under fair dealing and the Access Copyright licence provides a good sense of why the licence now provides little value. Note that before considering either fair dealing or the Access Copyright licence, educational institutions will first rely on hundreds of site licenses that grant access to millions of articles and other materials or on the millions of open access works that are freely available online. Moreover, in the case of K-12 schools, an Access Copyright backed study found that 88% of books and other printed materials are copied with permission and without the need for a fair dealing analysis or an Access Copyright licence. For the remaining works, compare fair dealing with Access Copyright's licence:
| Issue |
Access
Copyright Model Licence |
ACCC Fair
Dealing Policy |
| Amount of Copy |
Access Copyright hereby
grants a licence to the Licensee which entitles any
Authorized Person, for any Authorized Purpose, to (i) make a Copy of up to ten per cent (10%) of a Repertoire Work; (ii) make a Copy of up to twenty per cent (20%) of a Repertoire Work as part of a Course Collection; (iii) make a Copy of a Repertoire Work that is A. an entire newspaper or periodical article, B. an entire page of a newspaper or periodical, C. a single short story, play, poem, essay or article from a Published Work that contains other Published Works, D. an entire entry from an encyclopaedia, annotated bibliography, dictionary or similar reference work, E. an entire reproduction of an artistic work (including any drawing, painting, print, photograph or other reproduction of a work of sculpture, architectural work or work of artistic craftsmanship) from a Published Work that contains other Published Works, or F. one chapter, provided it is no more than twenty per cent (20%) of a book, provided that in each case that the Copy is made in accordance with the conditions in sections 4, 5 and 6. |
A single copy of a short
excerpt from a copyright-protected work may be provided or
communicated to each student enrolled in a class or course: a. as a class handout b. as a posting to a learning or course management system that is password protected or otherwise restricted to students of a school or post-secondary educational institution c. as part of a course pack A short excerpt means: a. up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work) b. one chapter from a book c. a single article from a periodical d. an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works e. an entire newspaper article or page f. an entire single poem or musical score from a copyright-protected work containing other poems or musical scores g. an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work |
| Repertoire |
?Repertoire Work? means a
Published Work in which Access Copyright collectively
administers the rights, as authorized by the copyright owner
or by another collective management organization, whether by
assignment, licence, agency or otherwise, and includes any
Copy of a Repertoire Work. For clarity, Repertoire Works
consist of Published Works that have a print equivalent and
are not on the Exclusions List and Published Works in
born-digital format that are identified on the Inclusions
List. |
Any published work |
| Reporting Requirements |
The Licensee shall maintain
records of all Copies made by the Licensee for use in paper
Course Collections, which records shall specify, for each of
such Copies made, the title, excerpt title, publisher,
author or authors (where known), the ISBN/ISSN number (where
known), the number of pages in the Published Work, the
specific pages Copied, the total number of pages Copied and
the number of sets made. Each Academic Year during the Term,
the Licensee shall provide copies of such records to Access
Copyright as follows: (i) for Copies made between September 1 to December 31 by no later than January 31, (ii) for Copies made between January 1 to May 30 by no later than June 30, and (iii) for Copies made between June 1 and August 31 by no later than September 30. |
None |
| Cost |
For each Academic Year during
the term of this agreement, the Licensee shall pay to Access
Copyright a royalty calculated by multiplying the number of
its Full-time-equivalent Students, as of the FTE
Determination Date for that Academic Year, by the royalty
rate of $26.00 CAD (the ?Royalties?). For any months in the
Term that fall outside of an Academic Year, the Licensee
shall pay to Access Copyright the Royalties prorated by the
number of months in that period. |
Any fee charged by the
educational institution for communicating or copying a short
excerpt from a copyright-protected work must be intended to
cover only the costs of the institution, including overhead
costs. |
| Attribution |
Copies made pursuant to this
agreement shall include, where reasonable, on at least one
page, (a) a credit to the author, artist or illustrator, and
to the source; and (b) a notice stating ?Copied under
Permission from Access Copyright. Further reproduction,
distribution or transmission is prohibited, except as
otherwise permitted by law.? |
Copying or communicating
short excerpts from a copyright-protected work under this
Fair Dealing Policy for the purpose of news reporting,
criticism or review should mention the source and, if given
in the source, the name of the author or creator of the
work. |
The question for educational institutions is not whether to pay for copying (the schools already spend millions on licensing), but whether the Access Copyright licence provides sufficient additional value beyond existing copying rights to merit the significant additional expenditure. Given the Supreme Court's ruling on the broad scope of fair dealing and the resulting fair dealing policies, it is not surprising to find that many are concluding it does not.
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Source: http://www.michaelgeist.ca/content/view/6644/125/
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