Copyright Update

• with the amazingly articulate and incredibly smart Margaret Ann Wilkinson from UWO
• IFLA has put library exemptions in to the international forum...librarians have put users' rights on the international agenda for the first time
• (slides online)
• "not pedagogically advisable" ...describing text-rich slides...*so* articulate!
• "publication" is not defined in the copyright act...question arose around hyperlinks and if they are considered publishing (esp. if they are endorsed ...eg "staff suggested links")...the majority of the Supreme Court made this analogy about hyperlinking: it's like a reference in the publishing context: therefore hyperlinking is not considered publication
• the Supreme Court is poised to do things we like
• "fair dealing"...private study (one person) vs a whole class (simply "study")..another scenario is making copies for tests and exams
  
• can visit Supreme Court of Canada Web site and put in file number for updates (file numbers noted on slides)
• currently waiting for two Supreme Court judgments
  
• in case law "publishing" = making copies for the public...but Supreme Court decision trumps all

Access Copyright:

• 4 tariffs pending
• sells the right to reproduction (wrt PRINT only)
• contracts are for a limit amount of time
• Universities are all separate legal entities...Bd of Governors have to deal with copyright: it's a legal decision and involves risk-assessment
  
• Colleges are slightly different
• Access Copyright is the adversary
• some unis have decided to go with Access Copyright, so are not in infringement
• THIS JUST HAPPENED LAST MONDAY: 3rd option: UWO and UofT signed a contractual arrangement with Access Copyright...it's interesting that AC would do it...as they have unis before the Copyright Board...this 3rd option has never happened before...amount in contact is $27.50 per student...amt before Board is $45...whacked that AC is basically under-bidding itself
• UofT and UWO now have certainty re what they are going to pay
• the Tariffs don't include indemnification (ie to pay cost of lawsuit/judgment) therefore protection for rights-holders not in AC
• OLA and CLA made representation to the Copyright Board about this
• the risk for UofT and UWO is that the Bd might decide on an even lower amount
• from a copyright perspective UofT and UWO have showed a third way
• todo: research how AC got started
• the question if whether or not these new agreements are good for libraries in general or not...
• how can we as a full community use this?...we need to work together and leverage our position...obviously there is something wrong with the new process if these peeps are making alternate arrangements
• Bill C11 will prob pass as it is
• CLA had brought forward points that OLA had raised wrt previous bill (as Govt would only hear "new" depositions)
• gov't uses the term "education" but does not define it narrowly...therefore could include libraries (self-study, lifelong learning etc)
• in some FAB news: CLA had ngo status at a huge World Intellectual Property Organization session (held Nov 21-23, 2011)...as did IFLA...and brought the need to consider libraries and archives to the world stage
• this was an historic event in the history of librarianship
  
• users rights moved from the UN to the trade side of the world stage
• all the nations recognized libraries as trusted intermediaries
• continuing to talk about an international statement or treaty about intellectual property...wow! stay tuned... all IFLA's text is on the table
• take a look at "resources" ont he last slide