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A list exchange on fair dealing and licensing

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By Rory McGreal July 24, 2012 - 10:32am

Rachel et al.
It seems to me that with the recent supreme court decision we do not need a license to duplicate copies of portions of a work. Access Copyright only allows a portion of a work in any case whereas fair dealing allows a "reasonable amount". I would argue that a few chapters and more than 10%  that the AUCC proposed under fair dealing could be easily be a "reasonable amount". So why do we even need to be asking publishers for licenses?
If we need more than a reasonable amount, we should be buying the textbook.
Where is the space between a "reasonable amount" and purchasing the text for AC to occupy.
We should agree to take FULL advantage of the liberal interpretation that the Supreme Court has provided us with. This includes instructor copies for students and technological neutrality.
The AC license as it is covers less than fair dealing.
Or am I mistaken???
What other opinions are there?


On 12-07-24 9:30 AM, Rachel Conroy wrote:


The following is a statement from Don LePan, President
of Broadview:

"In the ongoing dispute between Access Copyright and a number of Canadian
universities, several universities have refused to deal with Access
Copyright. In some cases, I understand that these universities are
contacting publishers to request transactional licenses for one time use of
copyrighted course material. With considerable regret, we have come to the
decision that we should turn down such requests. As a matter of copyright
law, our understanding from the Chair of the Copyright Committee of the
Association of Canadian Publishers is that a recent decision of the
Copyright Board of Canada has come down essentially on the side of Access
Canada in this dispute. I should emphasize, though, that none of us at
Broadview Press/Freehand Books has been  directly involved in what seems to
be an extremely complex dispute; none of us is an expert on the points of
law, and none can pretend to be well versed in the details of the dispute
generally. One thing I do know, however, is that a small company such as
Broadview simply does not have the resources to process small copyright
requests in a piecemeal fashion with agreements with individual universities
and individual professors for individual courses, without the assistance of
a clearing agency . I sincerely apologise to any and all academics and
students who are affected by this dispute that we don't have the resources
to develop an alternative system to clear permissions on a piecemeal basis
for Broadview/Freehand titles only."



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