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C-11 and Fair Dealing
By Rory McGreal July 3, 2012 - 3:50pm Comments (1)
Faculty neednot worry with the new copyright laws. Fair dealing rights have been expanded to education and the Supreme Court has decided that fair dealing must be given a very broad interpretation. So, when copying - ask yourself two questions: 1. Is this amount of material fair? and 2. Am I a fair person? If the answer to both questions is YES, then you probably are within the fair dealing guidelines. And if not, the penalty is not enough to be overly concerned about as long as you acted in good faith. The penalty must
be related to the actual damages, which are surely not that great.
Of course this not an open license to blatantly copy. The operative word is "fair"
AND we should be using open educational resources so that we don't have to worry about the strict digital locks and licenses that we cannot circumvent under the new law.
Rory McGreal
UNESCO/Commonwealth of Learning Chair in Open Educational Resources
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Comments
It might also be important to know that AU has developed a Fair Dealing policy and we are working on a tool to assist with the decisions involved in determining whether a use is fair or not. The draft policy and procedures will go to the Academic Learning Environment Committee for discussion in the fall. In the meantime, if anyone has questions about how to determine fairness, assistance is always availble from Rachel Conroy in the Copyright Office (rachelc@athabascau.ca or 675-6315).
- Cindy Ives