Bill C-11 committee  In terms of one or two chapters, I guess it depends on how many chapters are in the book, how long those chapters are, and how central those chapters are. If it's a ten- or twelve-chapter book that the instructor would not normally require the students to purchase, especially if

Bill C-11 committee  I think in the educational institutions that I'm familiar with in Canada there are a lot of measures in place to avoid copyright violations, some of which I think go well beyond what needs to be done. There was discussion in some libraries of pulling reserve materials off the sh

Bill C-11 committee  It would still be the law. The courts in Canada and the Copyright Board have made it clear that they feel bound by the decision of the Supreme Court of Canada, and nobody seems to be suggesting that decision was wrong with respect to those six factors. I think you have an opport

Bill C-11 committee  I think it's a much more certain measure. If you're worried about the litigation that will ensue, I think there's just as much of a worry about litigation that is going to ensue from the technological protection measures. We've seen all sorts of litigation in the United States ar

Bill C-11 committee  The best example that comes to mind is that of the United States. We have case law in the United States going back to the 19th century allowing fair use, as it's called there, as a defence, but it wasn't until the 1976 revision to the Copyright Act that they actually codified it.

Bill C-11 committee  I think you're always going to have situations where some people try to abuse the system, and some actors engage in industrial-strength infringement. But I think, for the most part, especially with what's going on in institutions like schools and libraries, people are going out o

Bill C-11 committee  Yes. We have general fair dealing, and then we have very, very specific exemptions for libraries, archives, museums, and educational institutions. I think it would be a huge policy mistake to mix the two and say we're going to create a definition under fair dealing, but then limi

Bill C-11 committee  By the fair dealing?

Bill C-11 committee  Mass copying that is not related to any of the categories in the act would not pass the fairness test the way it's been enforced by the Copyright Board and the courts. The Copyright Board has been pretty adamant that they'll only tolerate a certain level of copying before that la

Bill C-11 committee  Well, I think it would be very likely that the fair dealing defence would fail.

Bill C-11 committee  Yes.

Bill C-11 committee  It would depend on so many factors.

Bill C-11 committee  Generally speaking, though, I think that's what could happen.

Bill C-11 committee  That's if I understand this Spotify example.

Bill C-11 committee  I don't think there's any credible evidence that it would do that. In the United States you have “such as”; it's open-ended. You don't have to fit in one of the criteria. It specifically says, “including multiple copies for classroom use”. Then you go on to the analysis of the fo