(February, 2013): The University has approved a new Fair Dealing Policy and Guidelines.  This policy, developed by AUCC, applies fair dealing in non-profit universities and provides reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and the Supreme Court of Canada decisions from July 2012.

You can access the new fair dealing guidelines here.

(November 7, 2012): Bill C-11 has, by and large, been enacted with the full force of law.  The majority of the Bill as it was drafted has taken effect.  The changes it introduces are some of the widest and most sweeping in decades.  The consumer oriented provisions in effect include:

• The addition of education, parody and satire as fair dealing purposes.
• User generated content (i.e. mashups) are now protected as well as the websites that host them.
• New consumer exceptions for practices such as time shifting, format shifting, and the making of backup copies.
• An exception for publicly available materials on the Internet for education.
• A technology netural approach to the display of materials. The previous law was limited to overhead projector or manual reproduction.
• A new distance learning provision, tempered by a requirement to destroy teaching materials at the conclusion of the course, if the provision is utilized.
• A restrictive digital delivery model for interlibrary loans.
• A new exception for public performance of films in a classroom setting which should reduce the need for licensing of such materials.

The sections of Bill C-11 that remain to be enacted deal with ISP's and the notice and notice takedown system proposed in the legislation.

The Government of Canada has produced a number of Fact Sheets that provide a greater level of detail.  Specifically, they've produced one that explains the benefits for teachers and students. 

Additional commentary and analysis is also provided via Michael Geist's blog.

Dalhousie is developing a framework to guide us in developing ethical, sustainable copying practices.  The development of this framework, well underway, in combination with a movement towards Open Access will enable the University to eventually operate without the safety net of a blanket license.

Faculty are asked to continue relying on copyright compliance best practices already established; making or distributing hard or digital copies only to the extent permitted under an existing license (other than Access Copyright), under the Fair Dealing Guidelines or with the permission of the publisher so that the University is in a well established position to operate without a blanket license.

For further information on Dalhousie's strategy in developing ethical and sustainable copying practices, please contact:

Jason MacDonald
Intellectual Property Assistant
jason.macdonald@dal.ca
(902) 494-3601

Ian Colford
Assistant University Librarian Collections
ian.colford@dal.ca
(902) 494-3687

Donna Bourne-Tyson
University Librarian
donna.bourne-tyson@dal.ca
(902) 494-4089