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Thursday, December 9 • 1:00pm - 2:00pm
Strengthening Canadian User Rights through Shared Understanding: Adapting the Codes of Best Practices in Fair Use for Canada

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Canadian fair dealing is, in many ways, one of the most flexible and strong copyright exceptions in the world. The courts have determined that a restrictive interpretation of fair dealing would upset the balance between rights of creators and rights of users, and the education sector across Canada applies guidelines (for example, the Universities Canada Guidelines) that have enabled the widespread use of fair dealing for the provision of course materials. Yet, for many other activities and purposes, the scope and application of fair dealing is unclear. As a result, many Canadian communities of practice avoid using the exception, reinforcing permission culture or even stopping some projects in their tracks. In the US, there are many codes of best practice in fair use that help communities of practice interpret the doctrine of fair use and describe how it may apply in certain common situations.

This session will introduce attendees to the fair use codes that are in place in the US, and make the case that Canada would benefit from a robust framework of fair dealing codes of best practice that are similar to those in place in the United States. The presenters are participating in an exercise where they will adapt two of the US codes for Canada, and build a framework for adapting other codes in the future. More information about how the codes might apply is available here: https://www.carl-abrc.ca/wp-content/uploads/2021/02/Strengthening_Canadian_-User_Rights_Through_Shared_Understanding_Adapting_Codes_of_Best_Practices_Fair_Use_Canada.pdf

Resources referenced in the chat:
https://masters.libguides.com/copyright/bestpractices
https://www.arl.org/storage/documents/publications/code-of-best-practices-fair-use.pdf
https://www.arl.org/resources/the-copyright-permissions-culture-in-software-preservation-and-its-implications-for-the-cultural-record/
https://cmsimpact.org/code/open-educational-resources/

Speakers
avatar for Mark Swartz

Mark Swartz

Visiting Program Officer at CARL, Copyright Manager, Queen's University
Mark Swartz is the Copyright Manager at Queen’s University. In this position, he works with librarians, staff, faculty and instructors across all faculties and schools to develop web-based information and educational programs on copyright. Over the past four years, he has been seconded... Read More →
avatar for Stephanie Savage

Stephanie Savage

Scholarly Communications and Copyright Services Librarian, University of British Columbia
I'm a Scholarly Communications and Copyright Services Librarian at the University of British Columbia.
avatar for Rowena Johnson

Rowena Johnson

VPO for Digital Access Policy at CARL, Copyright Officer, University of Calgary
Rowena Johnson is the Copyright Officer at the University of Calgary and is currently the CARL Visiting Program Officer for Digital Access Policy. 
GS

Graeme Slaght

Acting Head, Scholarly Communications & Copyright Outreach Office, University of Toronto Libraries
Graeme Slaght is the Acting Head of the Scholarly Communications & Copyright Office (SCCO) at the University of Toronto Libraries, where he has been a librarian since 2014. When not leading the SCCO, he leads the office's copyright and scholarly publishing outreach efforts on UofT's... Read More →



Thursday December 9, 2021 1:00pm - 2:00pm EST
Zoom