Evidence of meeting #101 for Industry, Science and Technology in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was access.
A video is available from Parliament.
Education Officer, Canadian Association of University Teachers
That would be the ultimate direction to go, with some steps along the way.
Liberal
David Graham Liberal Laurentides—Labelle, QC
How do you compare Canadian fair dealing with American fair use?
Education Officer, Canadian Association of University Teachers
My understanding is that fair use in the United States is actually a broader right than fair dealing in Canada, that it's not restricted by a purpose, and that it has fewer limitations overall.
Liberal
David Graham Liberal Laurentides—Labelle, QC
You mentioned in your opening remarks that there's a specific section that interferes with indigenous rights. Can you tell me what section that is?
Education Officer, Canadian Association of University Teachers
I believe it's section 18 of the current act. At the time when the tapes were made, decades and decades ago, it may have been a different section.
It is a right that I think in some instances makes a lot of sense. The recordists would own and control the things that they record.
In this case, what it allowed was the appropriation of these stories, myths, and legends from this community, and so it wasn't an appropriate application of that rule. In terms of specific things to pinpoint, where indigenous concerns could be brought in, maybe it's that section 18.
Liberal
David Graham Liberal Laurentides—Labelle, QC
Okay.
My final question is, for the record, what systems exist to oversee the proper use of fair dealing for professors, campus bookstores, and so forth? Does it run entirely on the honour system?
That question is for all of you.
Manager, Course Materials, University of Waterloo, Campus Stores Canada
I can comment.
I do know that many institutions have set up copyright offices with expertise, and we heard Paul commenting on that earlier. Even within our own institutions, and specifically in campus stores, we adhere to what we call “fair dealing guidelines”, which are implemented at each of our respective campuses. We operate within the interpretation of the act in fair dealing. Relying on the guidance of Universities Canada is how we operate.
Liberal
Liberal
The Chair Liberal Dan Ruimy
On that note, thank you very much. Thus ends our first day of the copyright study.
I want to thank all of our panellists for coming today. We're going to suspend for a very quick two minutes. We need to do some committee business.
Thank you.
[Proceedings continue in camera]