OTTAWA, Feb. 10, 2012 /CNW/ - C-11, Canada's Copyright Modernization Act
will soon be referred to a parliamentary committee, and students from
across the country are concerned that amendments may threaten important
educational rights. There is real fear that so-called "technical
amendments" will be introduced that limit educational fair-dealing.
"The addition of education to Canada's fair-dealing regime is a needed
change," said Zach Dayler, National Director of the Canadian Alliance
of Student Associations. "It will allow teachers and students to use
copyrighted works in certain circumstance without fear of breaking the
Fair-dealing allows for individuals in certain circumstances to use
copyrighted materials. Traditionally, this has been limited to research
and private study, but C-11 specifically includes educational uses
within the fair-dealing framework. Importantly, these uses must not
bring undue commercial harm to the copyright holder.
It is equally important that amendments not overstep and entrench a
definition of what is "fair" in legislation. The Supreme Court of
Canada outlined the boundaries of fair-dealing as a user right in the
landmark case CCH Canadian Ltd. vs. Law Society of Upper Canada, setting a means of establishing the "fairness" of uses.
"Fairness is a moving target, as business practices change with
technology," said Dayler. "It is important not to handcuff the courts'
ability to maintain a balanced approach to user and creator rights," he
"The educational aspects of C-11 are of real benefit to students, and it
would be a mistake to remove them. It would be a real step-back for
students for these to be taken out of the legislation now," concluded
The Canadian Alliance of Student Associations will continue to promote
the inclusion of flexible educational fair-dealing as debate continues
in committee and through the rest of the legislative process.
The Canadian Alliance of Student Associations represents 320,000
students at 27 member associations from across Canada. CASA advocates
for a Canadian education system that is accessible, affordable, and of
the highest quality.
SOURCE CANADIAN ALLIANCE OF STUDENT ASSOCIATIONS
For further information:
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(613) 236-3457 ext. 221