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Educational Institutions’ Policies and Practices

*September 2020

This instructional module is not intended as legal advice. All Opening Up Copyright modules are made available under a Creative Commons Attribution 4.0 (CC-BY-4.0) International license.

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COPYRIGHT AND EDUCATION

K-12 Schools

‘Educational Institutions’ in the Copyright Act include:

In order to effectively learn, teach, and research we must be able to access and build off the work of others. It is therefore no surprise that teachers and students use, consult, and share so many materials in educational institutions. And while the Copyright Act has a very specific definition of what counts as an ‘educational institution’ the term covers both K-12 and post-secondary education. There are many different kinds of copying done in education. A few examples are institutional copying, such as copying done by professors as part of their research; copying done by teachers and professors for students in order to enrich their learning experience; and copying done by the students themselves, both as part of their formal education or for personal study. With all that copying and distribution going on, it is no wonder that educational policy and practice is one of the most hotly contested areas of copyright.

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COPYRIGHT LAWSUITS

Alberta (Education) v. Access Copyright

Access Copyright v. York University

Tariff

s. 29

Major copyright lawsuits have arisen because of differing viewpoints around the fairness of the copying done by staff in educational institutions. The 2012 Alberta (Education) v. Access Copyright case is an example. This case went to the Supreme Court and eventually determined that the teachers’ copying of short excerpts of printed works, and distributing those copies to their students, was fair. Also in 2012, the Copyright Modernization Act came into force, which added “education” as a distinct purpose under fair dealing in the Copyright Act.

�Disagreements about the interpretation of the fair dealing exceptions in the Copyright Act are often at the heart of lawsuits like Alberta (Education) v. Access Copyright and Access Copyright v. York University, another court case this time involving a post-secondary institution. The main issues of this case revolved around whether tariffs approved by the Copyright Board are mandatory and whether the copyright fair dealing guidelines used by York University were fair.

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COPYRIGHT COLLECTIVES

Access Copyright v. York University

Alberta (Education) v. Access Copyright

Access

Copyright

COPIBEC

DID SOMEONE SAY LAWYER?!

�You may have noticed that both of these cases involved Access Copyright. Access Copyright is a copyright collective that manages the rights of literary works and licenses the photocopying of those works in educational institutions in exchange for fees. However in Quebec, Copibec is the responsible collective. And speaking of lawsuits, Copibec brought a class action suit against Université Laval in 2017 which was settled in 2018.

�With so much controversy around educational copying and the high cost of litigation, it is natural for people who work in education to want to be cautious. However, we need to be careful that ongoing legal action on the part of collectives does not impede or discourage the legitimate uses of copyrighted material by students or educational institutions covered under fair dealing.

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FAIR DEALING

s. 29

Purpose

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FAIR DEALING RESOURCES

Opening Up Copyright Modules:

Other Resources:

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EDUCATIONAL EXCEPTIONS

s. 29.4–30.03

K-12 Schools

Post-secondary Institutions

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K-12 SECTOR AND CMEC

K-12 Schools

CMEC

ouncil of

inisters of

ducation,

anada

CMEC Copyright Consortium Resources:

Fair Dealing Guidelines

Fair Dealing Decision Tool

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POST-SECONDARY POLICIES �AND PRACTICES

Access

Copyright

s. 29

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POST-SECONDARY POLICIES �AND PRACTICES

Guidelines are not intended as a replacement for a full fair dealing assessment

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GOING FORWARD

(2019)

That the Government of Canada consider establishing facilitation between the educational sector and the copyright collectives to build consensus towards the future of educational fair dealing in Canada. (Recommendation 16)

That the House of Commons Standing Committee on Industry, Science and Technology resume its review of the implementation of educational fair dealing in the Canadian educational sector within three years, based on new and authoritative information as well as new legal developments. (Recommendation 17)

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LEARNING OBJECTIVES

You should now be able to:

Recognize that educational institutions can rely on both fair dealing and educational exceptions outlined in the Copyright Act

Understand and be able to explain the role of fair dealing guidelines in an educational context

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THANK YOU FOR YOUR ATTENTION

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QUESTIONS

Which of the following institutions or organizations has created fair dealing guidelines and resources you can reference?

Council of Ministers of Education, Canada (CMEC)
Universities of Alberta, Ottawa and Toronto
Canadian Association of University Teachers (CAUT)
All of the above

�

An institution’s fair dealing guidelines, if followed, are:

Expected to yield a result consistent with a full fair dealing analysis as outlined by the Supreme Court of Canada in the vast majority of cases, but are not a replacement
Like seasonal tires and should be changed every six months
A replacement for the full fair dealing analysis outlined by by the Supreme Court of Canada”

Educational staff and teachers can refer to both the fair dealing exception to infringement and the specific educational exceptions in the Copyright Act.

True
False

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Canadian Association of University Teachers. (2013). CAUT guidelines for the use of copyrighted material. https://www.caut.ca/docs/default-source/copyright/revised-caut-guidelines-for-the-use-of-copyrighted-material-(feb-2013).pdf

Council of Ministers of Education, Canada. (n.d.). Copyright information for teachers. Retrieved 2020, from https://www.cmec.ca/466/Copyright_Information_for_Teachers.html

Council of Ministers of Education, Canada. (n.d.). Available copyright resources for teachers. Retrieved March 7, 2024 from https://www.cmec.ca/739/Available_copyright_resources_for_teachers.html

Murray, L. J., & Trosow, S. E. (2013). Canadian copyright: A citizen’s guide (2nd ed.). Between the Lines.

University of Alberta Copyright Office. (n.d.). Fair dealing. Retrieved 2020, from https://www.ualberta.ca/faculty-and-staff/copyright/intro-to-copyright-law/fair-dealing/index.html

University of Toronto Libraries. (n.d.). Copyright basics and FAQs. Retrieved 2020, from https://onesearch.library.utoronto.ca/sites/default/files/copyright/basicsfaqs_092018.pdf

University of Toronto Libraries. (n.d.). Copyright Resources at U of T. Retrieved March 7, 2024 from https://onesearch.library.utoronto.ca/copyright/copyright-resources-u-t#Copyright%20Basics

REFERENCES AND RESOURCES

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Canadian Copyright Licensing Agency (Access Copyright) v. York University, 2017 FCC 669. https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/232727/index.do

Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, [2012] 2 SCR 345. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/9997/index.do

York University v. Canadian Copyright Licensing Agency (Access Copyright), 2020 FCA 77. https://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/469654/index.do

York University v. Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32. https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18972/index.do

CASES AND LEGISLATION

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Christina@wocintechchat.com. (n.d.). [Teach]. Unsplash. https://unsplash.com/photos/c-mgSuxqpzA

Taylor Wilcox. (n.d.). [Learn]. Unsplash. https://unsplash.com/photos/4nKOEAQaTgA

Science in HD. (n.d.). [Research]. Unsplash. https://unsplash.com/photos/37-obwmRiAI

Lluisa Iborra. (n.d.). Open book. The Noun Project. https://thenounproject.com/search/?q=open%20book&i=991011

Dawid Sobolewski. (n.d.). Mockup article. The Noun Project. CC BY. https://thenounproject.com/search/?q=article%20mockup&i=244221

Joko Mistari. (n.d.). File. The Noun Project. CC BY. https://thenounproject.com/search/?q=file%20sound&i=2728070

Bieu Tuong. (n.d.). School. The Noun Project. CC BY. https://thenounproject.com/search/?q=school&i=1983588

Crosswell, Rob. (n.d.). Library. The Noun Project. CC BY. https://thenounproject.com/crosswellrob/uploads/?i=1122689

IMAGE AND SOUND REFERENCES

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Vectortoons. (n.d.). [Sam the teacher at desk]. Wikimedia Commons. CC BY SA. https://commons.wikimedia.org/wiki/File:Senior_Guy_At_The_Office_Cartoon.svg

chrystalizabeth. (n.d.). [Professor Pam]. Pixabay. https://pixabay.com/en/teacher-bookworm-glasses-professor-359311/

Rawpixel. (n.d.). [Isabelle]. Pixabay. https://pixabay.com/illustrations/cartoon-casual-character-drawing-3685566/

Saishradd. (n.d.). Highlight. The Noun Project. CC BY. https://thenounproject.com/search/?q=highlight%20document&i=241534

Marie Van den Broeck. (n.d.). Kids. The Noun Project. CC BY. https://thenounproject.com/search/?q=kids&i=235684

Creaticca Creative Angencyy. (n.d.). Printer. The Noun Project. CC BY. https://thenounproject.com/search/?q=photocopier&i=1127745

Designs by MB. (n.d.). Paper money. The Noun Project. CC BY. https://thenounproject.com/search/?q=paper%20money&i=3360185

IMAGE AND SOUND REFERENCES

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Till Teenck. (n.d.). Accept Payment. The Noun Project. CC BY. https://thenounproject.com/tillt/collection/money-money/?i=402474

Kick. (n.d.). Scales. The Noun Project. CC BY. https://thenounproject.com/search/?q=scale&i=1320645

Guilherme Fertado. (n.d.). Sign. The Noun Project. CC BY. https://thenounproject.com/search/?q=sign&i=1859815

Star and Anchor Designs. (n.d.). Building. The Noun Project. https://thenounproject.com/search/?q=building&i=164596

DigestContent. (2018). Woosh punch. Freesound. CC BY NC. https://freesound.org/people/DigestContent/sounds/442755/

Dezign, Ruslan. (n.d.). Target. The Noun Project. CC BY. https://thenounproject.com/icon/1005058/

ATOM, TH. (n.d.). Copy. The Noun Project. CC BY. https://thenounproject.com/search/?q=copy&i=1474212

Тимур Минвалеев, RU. (n.d.). Percent. The Noun Project. CC BY. https://thenounproject.com/search/?q=percent&i=397874

IMAGE AND SOUND REFERENCES

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Farais, B, CL. (n.d.). Decision. The Noun Project. CC BY. https://thenounproject.com/search/?q=alternatives&i=1074053

AFY Studio, ID. (n.d.). Leaf. The Noun Project. CC BY. https://thenounproject.com/AFYstudio/uploads/?i=1737325

Cresnar, Gregor. (n.d.). Dollar sign. The Noun Project. CC BY. https://thenounproject.com/search/?q=dollar%20sign&i=171145

DesignNex. (n.d.). Document. The Noun Project. CC BY. https://thenounproject.com/search/?q=copyright&i=93928

Vector Market. (n.d.). Content sharing. The Noun Project. CC BY. https://thenounproject.com/search/?q=content%20management&i=1575870

Edwin PM. (n.d.). Agreement. The Noun Project. CC BY. https://thenounproject.com/search/?q=agreement%20company&i=3373812

IMAGE AND SOUND REFERENCES

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onathasmello. (2012). Global Open Educational Resources Logo. Wikimedia Commons. CC BY. https://commons.wikimedia.org/wiki/File:Global_Open_Educational_Resources_Logo.svg\

Guilherme Fertado. (n.d.). Sign. The Noun Project. CC BY. https://thenounproject.com/search/?q=sign&i=1859815

Closing Slides Music: Rybak, Nazar. (n.d.). Corporate Inspired. HookSounds. CC BY. http://www.hooksounds.com

Unattributed materials are contributions from the Opening Up Copyright Project Team and placed in the Public Domain.

IMAGE AND SOUND REFERENCES

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University of Alberta. (2020). Educational Institutions’ Policies and Practices. Opening Up Copyright Instructional Module. https://sites.library.ualberta.ca/copyright/

For the project overview and complete list of modules please visit the project website at: https://sites.library.ualberta.ca/copyright/

Questions, comments, and suggestions should be directed to: ouc @ualberta.ca

This module is made available and licensed under a Creative Commons Attribution 4.0 International Licence

Suggested Citation:

LICENSING AND ATTRIBUTION

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CONTRIBUTORS

Copyright Office

School of Library and Information Studies

Adrian Sheppard

Amanda Wakaruk

Mireille Smith

Lauren Bourdages

Samantha Sheplawy

Michael B. McNally

Centre for Teaching and Learning

Graeme Pate

Digital Humanities and School of Library and Information Studies

Julia Guy

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ACKNOWLEDGMENT

Opening Up Copyright modules are funded through the University of Alberta, Centre for Teaching and Learning’s Teaching and Learning Enhancement Fund (TLEF) and OER Grant Program with ongoing support from University of Alberta Copyright Office.