Michael Geist – Educational Fair Dealing Policy Shows Why the Access Copyright Licence Provides Little Value

via Michael Geist – Educational Fair Dealing Policy Shows Why the Access Copyright Licence Provides Little Value.

Comparing the scope of the copying rights under fair dealing and the Access Copyright licence provides a good sense of why the licence now provides little value. Note that before considering either fair dealing or the Access Copyright licence, educational institutions will first rely on hundreds of site licenses that grant access to millions of articles and other materials or on the millions of open access works that are freely available online. Moreover, in the case of K-12 schools, an Access Copyright backed study found that 88% of books and other printed materials are copied with permission and without the need for a fair dealing analysis or an Access Copyright licence.

He then compares Access Copyright with Fair Dealing over 5 issues relating to using copyrighted works. Access Copyright isn’t really necessary for most of them, and is redundant for many.

Michael Geist – Why the Supreme Court’s Copyright Decisions Eviscerate Access Copyright’s Business Model

The cumulative effect is clear: schools can rely more heavily on fair dealing for the copying that takes place on campus and in the classroom. This includes copies made by teachers for students for instructional purposes, copies that previously formed a core part of Access Copyright’s claim of the necessity of a license. Indeed, it will be very difficult for educational institutions to justify the Access Copyright license in light of this decision.

via Michael Geist – Why the Supreme Court’s Copyright Decisions Eviscerate Access Copyright’s Business Model. (emphasis mine)

I wonder how this will impact online use of copyrighted content. Fair dealing lets us use all kinds of content within the classroom, but gets messy when posting content online. Is the LMS just an extension of the physical classroom? How about a publicly visible site, such as a blog or wiki site used for a course?

Michael Geist – Why Copyright?

Michael Geist - Why Copyright? - 6Michael Geist gave a talk at The University of Calgary on April 2, 2008, on the subject of copyright. He talked about the need for Fair Dealings, the dangers of the Canadian DMCA, and even touched on the benefits of open access and even open education.

Dr. Geist’s presentation was very compelling, interesting, and engaging. I believe he was able to communicate the benefits of less-restrictive copyright, and am hoping he helped plant some seeds to get an open content movement going here at The University of Calgary.

The video was recorded by Paul Pival, who used his very handy MacBook iSight Inverter Mirror to properly record the session without having to snap the lid off of his laptop. The sound was recorded by a microphone placed on the floor near the podium, so hopefully it didn’t turn out too badly. I thought it was interesting that an event like this wasn’t “officially” recorded, and it was trivially done by an attendee bringing a laptop to the session. The days of requiring enterprise support for event recording and broadcasting are over.