Months after the Supreme Court of Canada delivered a stinging defeat to Canadian copyright collective Access Copyright by ruling for an expansive approach to fair dealing and the government passed copyright reforms that further expanded the scope of fair dealing, Access Copyright responded yesterday with what amounts to a desperate declaration of war against fair dealing. Access Copyright has decided to fight the law - along with governments, educational institutions, teachers, librarians, and taxpayers - on several fronts. Most notably, it has filed a lawsuit against York University over its fair dealing guidelines, which are similar to those adopted by educational institutions across the country. While the lawsuit has yet to be posted online, the Access Copyright release suggests that the suit is not alleging specific instances of infringement, but rather takes issue with guidelines it says are "arbitrary and unsupported" and that "authorize and encourage copying that is not supported by the law."
Most of Access Copyright's longstanding arguments were dismissed by the Supreme Court this past summer. To suggest that a modest fair dealing policy based on Supreme Court jurisprudence and legislative reforms is "arbitrary and unsupported" is more than just rhetoric masquerading as legal argument. It is a declaration of war against fair dealing.
One of the music industry’s dumbest, most pernicious talking-points is the “value gap” (AKA the “value recognition right”) which is code for, “Online platforms should employ an army of copyright lawyers to assess everything that users share for copyright compliance.”
In 2011, the Canadian Conservative government rammed through Bill C-11, Canada’s answer to the US Digital Millennium Copyright Act, in which the property rights of Canadians were gutted in order to ensure that corporations could use DRM to control how they used their property — like its US cousin, the Canadian law banned breaking DRM, […]
Thread count isn’t like one of those deceiving metrics like camera megapixels or Facebook friends—more threads are always better if you can afford them. If price was no object, we would all be snoozing soundly bundled up in 1.8 kilo-thread sheets every single night. Guess what? Price doesn’t have to be an object with this […]
Maybe it’s entirely because of podcast ads, but drag-and-drop tools like Squarespace have gotten immensely popular in recent years. While it’s definitely a great tool for any non-coders who want to get a small website up and running quickly, managing content with a primarily visual interface can become a pain once you have more than […]
When you can’t wait for the world’s longest meeting to end, the mindless leg bouncing makes your boredom obvious and just annoys everybody else. Everyone knows the TPS reports need the damn cover sheet, but some sadistic colleague keeps forgetting, probably on purpose just to eat into your lunch hour. Enough is enough!While serving a […]