Key educational amendments under consideration:

1.       Expansion of classroom use

“The current exception that permits the performance or display of copyright material for educational purposes within the classroom (s. 29.4) is modified to enable students in remote locations to view a lecture using network technology, either live or at a more convenient time.”

2.       Digital delivery of licensed content

Material that may be photocopied pursuant to a licence (collective society) may be delivered to a student electronically without any additional liability

3.       CMEC Proposal for Educational use of “publicly available” material on the Internet

Publicly available material on the Internet should be available for unlimited educational uses.  Publicly available material is defined as “Free stuff” refers to material posted on the Internet by the copyright owner without password protection or other technological restrictions on access or use. From Council of Ministers of Education, Copyright Bulletin # 1 January 31, 2008, Page 1 of 2,  Changes to the Copyright Law Must Include An Amendment to Address Educational Use of the Internet

 

Issues:

• The exception is over and above free dealing rights.
• The proposed exception no longer includes “expectation of payment” as a restriction.
  Many business models (sponsorship, portals, advertising) involve encouraging ACCESS IN CONTEXT. 
• The Internet is also used for peer-reviewing incomplete research papers, promotion of services and works of photographers and artists, content that includes limited licencing e.g. specific type of use.  Password protection and technological restrictions are impediments.

“FEE OR FREE” IS TOO SIMPLISTIC
Overrides copyright protection, express terms and conditions precluding copying and moral rights.

NO SPECIAL EXCEPTION USE FAIR DEALING AND COLLECTIVE LICENSING