|From brief released March 7, 2008 by the Council of Ministers of Education, Canada|
Education organizations are asking the federal government to change the existing
copyright law in order to make it clear that educational use of publicly available Internet
material is not an infringement of copyright. The Canadian copyright law needs to be
changed because the law is not clear about the extent to which teachers, students, and
other educational users can legally engage in routine classroom activities such as
downloading, saving, and sharing text or images that are freely available on the Internet.
The education amendment is necessary to clarify the law so that students and teachers can
have the assurance that they will not infringe copyright law when they engage in routine
uses of publicly available Internet works for educational purposes.
From brief released March 14, 2008 by the Council of Ministers of Education, Canada
Educational Use of the Internet:
“Fair Dealing” Just May Not Be Enough
An amendment to the Copyright Act is needed to create a safe harbour for all educational
uses of publicly available Internet material. Without the amendment, educational
institutions and their students, teachers, and staff will remain in a most uncomfortable
position — contorted in a legal limbo — awaiting some future court ruling to clarify
more precisely the notion of “fair dealing.” So, in light of the uncertainty surrounding
the application of fair dealing to certain common educational uses of publicly available
Internet material, it is necessary to amend the Copyright Act to make it clear that any
educational use of publicly available material is not an infringement of copyright.
Briefs and copy of Copyright Matters can be found at this site: http://www.cmec.ca/else/copyright/matters/indexe.stm