Thank you.
Mr. Chair, honourable committee members, and members of the public, good afternoon. My name is Nicolas Sapp, and I am an attorney and a partner with the law firm ROBIC. I am not from the University Secretariat of Concordia University. I am here today speaking on behalf of Concordia University, Université de Montréal, and Université de Sherbrooke, which, combined, have approximately 150,000 registered students. These institutions are among Quebec's largest universities.
I thank you for inviting us to share our observations and recommendations.
As you know, the fundamental mission of universities is teaching and research. In this context, documentary resources are key elements that are vital to the whole university community. Quebec universities seek to provide accessible quality education to their students. Accessibility and quality are also two key elements as far as documentary resources are concerned.
Quebec universities are home to users, as well as to creators, authors, and publishers, who all own copyrights. Many of these members of the university community wear both hats. In this context, Quebec universities are extremely sensitive to copyright matters. They acknowledge and respect the rights of copyright owners, but they have an equally important interest in and for the rights of users.
The unique position of universities in copyright matters requires a contextual approach for the following reasons. Because of their roles and functions, Quebec university faculty members publish a large portion of the teaching material protected by copyright for the benefit of students. Faculty, researchers, and students throughout the world use research results to create new knowledge. The dissemination of research results enables students and researchers worldwide to have access to high-quality content, thereby allowing for the sharing of knowledge and the development of an innovative economy. Publications by researchers contribute to supporting the publishing industry.
Now let's turn to scientific publishing.
Scientific publishing is controlled by five major international publishers, which corner the market, having all of the attributes of an oligopoly. Depending upon the discipline, researchers are often required to publish with these publishers to obtain tenure and research grants. The publications of these publishing houses consume a significant portion of university library acquisition budgets and account for a large portion of texts that are put on e-reserve.
In certain cases, in addition to being obliged to relinquish their copyright, some authors have to pay to be published. Accordingly, universities repurchase the research results of these authors at a high cost after having paid their salaries, not to mention the fact that these researchers have been awarded research grants by the government. Researchers produce virtually all of the content found in university libraries.
Next, let's discuss the legislative amendments enacted in 2012.
Quebec universities welcomed the Copyright Modernization Act, which amended section 29 of the Copyright Act, adding, as you know, education to the fair dealing exception.
Quebec universities wish to highlight the goal sought by the legislator, which is basically set forth in paragraphs (c) and (d) of the summary of the act. The paragraphs read as follows:
(c) permit businesses, educators and libraries to make greater use of copyright material in digital form;
(d) allow educators and students to make greater use of copyright material.
Now let's look at Supreme Court of Canada case law.
Quebec universities support the principles applicable to the field of education, which were set forth by the Supreme Court of Canada, namely that the purpose of the Copyright Act is to maintain a balance between the rights of users and the owners of copyright.
The fair dealing exception is a right for users and must not be restrictively interpreted. Schools use materials for teaching purposes. When using publications for students, professors seek to provide them with the educational material that is required for their learning. Professors and students pursue a symbiotic quest with the same goal.
Quebec universities support the publishing industry. They have not reduced their purchases of new materials for their libraries. Expenditures made by all Quebec universities for the acquisition of documentation have grown from approximately $60 million in 2009-10 to $77 million in 2016-17. This represents a nearly 28% increase. The acquisition of digital collections by Quebec universities represents between 85% and 95% of their acquisition budget for the year 2017-18.
Quebec universities consider that respect of copyright is of the upmost importance. They deploy significant and serious measures.
By way of example, Concordia University has taken the following measures: adoption of a policy, guide, and procedures regarding respect for copyright compliance and a policy regarding intellectual property; staff training for librarians, technicians, and clerks to ensure compliance with procedures and processes; implementation of e-reserves of documents using Ares software; and development and implementation of a workflow and follow-up procedure for all texts put on e-reserves, as well as for course packs.
Now I'd like to share the following observations and recommendations.
The purpose sought by the legislator in 2012 is still relevant in 2018. Maintaining this exception is in no way incompatible with the balance sought between creator-researchers, who own copyright, and users, as is evidenced by the harmonious coexistence of these groups in the unique university setting we have described.
Restricting the scope of the fair dealing exception would have significant adverse consequences on the cost of education for students, as well as on the quality of teaching and the content of teaching material.
Finally, educational institutions must have the right to fairly use works in the form of teaching materials for the benefit of students, without fear of litigation. We must stop considering fair dealing as a measure that opposes copyright owners and users, particularly in a university context. Going backwards would be counterproductive and would be a disservice to all. Education in the 21st century requires means that are adapted to a rapidly evolving world.
Thank you for the opportunity to make these remarks. I remain available to answer your questions.