[d@DCC] Re: Discuss Digest, Vol 4, Issue 11

[nashjc at canada.com]

I received the following response to a recent letter I
sent to my MP about copyright amendments. Does anyone
have a good understanding of these options. The wording
 makes nice noises, but the consequences ...

JN




Hon L hon Mauril Belanger M P/depute'
Ottawa Vanier


January 7th ,2005

Mr. John C. Nash
Professor of Management
School of Management
University of Ottawa
Ottawa, Ontario
K1N 9B5

Mr. Nash,

		I have received and read your letter dated December
2nd, 2004, 
regarding your concerns about the proposed fee by the
federal government on 
students and teachers to use Internet materials toward
educational purposes.

		Recently, the Standing Committee on Canadian Heritage
has 
proposed two options to accommodate such Internet users:

		-Option 1: Status Report Option 1

		This option proposes to amend the current definition
offair 
dealing, as it presently relates to copyrighted
material available on the 
Internet. This amendment would expand uses for teaching
and study by educational institutions. The fair dealing
purposes currently include research, private study,
criticism, review and news reporting- but it does not
specifically include educational purposes. Therefore,
no license would be imposed on users who are covered by
an expanded fair dealing exemption.

		In this perspective, uses that are not covered by an
expanded 
fair dealing exemption would have to be subjected to
the normal copyright 
licensing agreement.

		This would help simplily the rights clearance process
for 
educational institutions and also ensure that right
holders are appropriately compensated.

		-Option 2: Status Report Option 2

	This would include an amendment to the current Act
that would 
require educational institutions to have a blanket
license to use 
copyrighted material on the Internet. Sampling methods,
and download statistics could be used to ensure that
educational institutions will not have to make payments
to use 
materials accessed from the Internet, which the
copyright owner intends to be available 
free of charge to public users.

	I hope that this information has provided you with a
broader view 
of what this government is currently debating on this
issue. I have also taken 
the liberty of forwarding a copy of your correspondence
to the Honourable Liza Frulla, 
Minister of Canadian Heritage, for her consideration.