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Industry committee  To understand where the library money is going, you have to understand the shifting landscape by digital disruption. There has been a profound shift in the types of contents that are being used in and purchased by libraries. One good analogy is that it's very similar to the transition that the music industry went through a couple of year ago.

April 24th, 2018Committee meeting

Mark Swartz

Industry committee  For the university sector, those new exceptions that were mentioned, like the mash-up exception, the user-generated content exception, and fair dealing allow students specifically to take different works, mash them together, and create new works. These can be used, particularly with the user-generated content exception, which is really useful for student assignments, because they can create and submit new works for non-commercial purposes.

April 24th, 2018Committee meeting

Mark Swartz

Industry committee  Only Canadian content?

April 24th, 2018Committee meeting

Mark Swartz

Industry committee  Yes, we can work on that.

April 24th, 2018Committee meeting

Mark Swartz

Industry committee  While you point to the change made after the last review, it actually dates from earlier than that because the Supreme Court has been providing jurisprudence on the use of fair dealing since 2004. It just took a bit of time for universities to adapt to those changes. For us in universities and university libraries, there are a variety of benefits to having a very a liberal fair-dealing exception.

April 24th, 2018Committee meeting

Mark Swartz

Industry committee  Fair dealing did exist beforehand. In 2004, it was the CCH and law society case, which was a very significant case that started helping to establish fair dealing as a user right in Canadian law. Then there have been a number of other court cases. There were a number in 2012 as well that helped establish that.

April 24th, 2018Committee meeting

Mark Swartz

Industry committee  I can't speak for sectors other than the university sector, but for most of the courses that we process, most of the content that we're providing is scholarly content. A lot of it is from a variety of different places. The amount of Canadian content is fairly small, but it is still very significant.

April 24th, 2018Committee meeting

Mark Swartz

Industry committee  From my perspective, if nothing changes, universities will continue to manage copyright effectively and responsibly. We will continue to use the fair-dealing guidelines and policies we have in place, the 10% guideline you are familiar with, and continue to offer services to aid instructors in the responsible management of copyright.

April 24th, 2018Committee meeting

Mark Swartz