Yes, very quickly, we recommend that you clarify fair dealing for education, and that means essentially signalling to the education community that they need to license to take full advantage of the grey areas in the Copyright Act, rather than appropriating the right to copy. They need to promote a return to licensing through collective societies. Those licences cover all of the uses that would otherwise be unlicensed that occur through copying in digital or print form.
They need to increase statutory damages. At the moment, the maximum damages under the act are the same cost as would be there if an entity such as a university were to license, meaning that if you avoid licensing, the maximum cost you will have will be what you would have had otherwise. It's like being told that the cost of a parking ticket is the same cost as it would have been to park in the first place. No one would pay such a fee to park if they are only caught once in a while and have to pay only the cost of parking. There needs to be an incentive to license and a disincentive to infringe.
We recommend ensuring that Canada's international treaty obligations are met and that our law complies, especially with the three-step test, which is there in international standards. Essentially, the widespread uses should occur only in special cases, and those exceptions and limitations should only be in special cases. They shouldn't interfere with the ordinary exploitation of the work, and they shouldn't prejudice the author's interest, the copyright holder's interest. At the moment, our law does not meet that test.
Our fifth recommendation is to promote the effective operation of the Copyright Board. As I said, we were very disappointed yesterday, especially to see that statutory damages were not increased for our sector in the government's proposals.