The implications of last week's Supreme Court of Canada copyright decisions seem readily apparent to just about everybody - other than Access Copyright. There have been numerous posts analyzing the decisions, all of which recognize the expansion of fair dealing. Yet in a release posted hours after losing at Canada's highest court, the copyright collective implausibly claimed that the decision "will have a limited impact on the importance of the Access Copyright licence to the education community" and that it "leaves copyright licensing in the education sector alive and well." To support the claim, Executive Director Maureen Cavan argued that the specific case only covered about seven percent of the copying done in K-12 schools.
The strategy of claiming that little has changed may have worked with some institutions after the 2004 CCH copyright decision, but it is very unlikely to do so this time.
It is true that the specific case involved a small percentage of overall K-12 school copying, but the court's fair dealing analysis applies to all copying, not just the copies at issue. In this specific case, the court ruled the Copyright Board's analysis of the fair dealing six factor test was unreasonable, an unmistakable signal to reverse its ruling. More broadly, the decision eviscerates the current Access Copyright business model that is heavily reliant on educational revenues. The decision does not create a free-for-all - schools will continue to spend hundreds of millions of dollars every year on books, database licences, and transactional licences - but the need for an additional Access Copyright licence for schools at all levels is now unquestionably in doubt.
Just how badly did Access Copyright fare at the Supreme Court?
After the EU Copyright Directive passed with a slim majority that only carried because some MEPs got confused and pressed the wrong button, the government of Poland filed a legal challenge with the European Court of Justice, arguing that the Directive -- and its rule requiring that all online discourse be filtered by black-box algorithms […]
"The Ohio State University" is apparently the full name of Ohio State, and to remind everyone of it, they're selling a line of clothing emblazoned with the stark word "THE," and so they've asked the US Patent and Trademark Office to give them the exclusive right to sell t-shirts, baseball hats and hats with the […]
The field of data analytics is growing as fast as the internet itself. Self-driving cars, airline pricing, and huge marketing campaigns are all driven by the insights that data scientists can distill out of vast sums of information. Even with the help of powerful software like Python, it’s a highly skilled position. But those skills […]
If you’re marketing on the web, your Google-fu needs to be strong – and up to date. Without a firm grasp on what drives traffic, you’ll never be able to take the wheel. That’s why even if you know where to put your keywords, a little extra effort goes a long way on any marketer’s […]
Want to keep the dentist away? A little tooth care at morning and night isn’t bad, but it won’t keep the stains from smoking or fried foods at bay for long. If you enjoy your food and want to avoid the consequences, an upgrade from that old analog toothbrush can make a huge difference. Among […]