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Review of Canadian University Fair Dealing Policies

“Review of Canadian University Fair Dealing Policies” is a must-read new research paper by UWO Library & Information Science doctoral student Lisa Di Valentino — see her blog at http://fairdealingineducation.wordpress.com/2013/05/09/review-of-canadian-university-fair-dealing-policies/

The full text of the paper is posted at SSRN: http://ssrn.com/abstract=2263034

Abstract:

“The past three years have seen a number of changes in the area of copyright law, particularly in the area of education. As a result, Canadian universities have had to make policy decisions to account for these changes and the resulting expansion of fair dealing rights. The content and consistency of the resulting policies may have a significant effect on the future interpretation of fair dealing rights. In this paper I analyze the current state of fair dealing policies and supporting information found on university web sites. I conclude that an ideal fair dealing policy is open ended and flexible, and incorporates mention of the significant elements of copyright legislation, court decisions, and other areas of law, in a way that is accessible to its intended audience of faculty and instructors.”

This research is particularly timely because of the recent lawsuit brought by Access Copyright against York University, the basis of which is York’s allegedly ineffective fair dealing policy.

Stephen

Posted on: May 23, 2013, 6:17 am Category: Uncategorized

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