Clarity, protections sought in copyright reform

Copyright experts agree, reforms to the Canadian Copyright Act need to make fair dealing provisions clearer.

Dr. Laura Murray speaks at a panel discussion on digital technologies. Photo by Joshua Brown

Ask students what their rights are when it comes to copyright on the Internet and they will likely answer with a shrug. At least that is what Laura Murray said at a panel discussion on digital technologies Monday night at Dalhousie University.

"Instructors and students don't even know the rights they even have," said Murray, Associate Professor of English at Carlton university and author of "Canadian Copyright: A Citizens Guide.'

She is referring to "fair dealing" clauses in the Canadian Copyright Act. They are in place to let people legitimately make copies of someone else's work. The problem with "fair dealing," Murray says, is it is not clear enough and the confusion creates a "climate of fear" in the realm of education.

The act uses the term "fair dealing," but does not define it.

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Laura Murray shows excerpts from the movie Rip. Joshua Brown photo.

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Canadian Copyright Laws are a mystery to most students

The federal government is currently reviewing the country's copyright law and held public consultations across the country this summer. Parliament failed to pass the previous legislation before the last federal election was called. But Ottawa says it needs to reform the act to conform with its obligations under its membership in the World Intellectual Property Organization.

Murray is concerned with the form those changes may take.

"The next copyright laws should take shape around the principles of copyright rather than the minutiae built into its current form," she said. "Copyright is not just about owners' rights. User rights are just as important. It's not a favour.," She said.

Murray gives the example of Digital Rights Management (DRM). This is the restriction that prevents people from making copies of commercial DVDs.

"It's not illegal to circumvent a DRM but many people don't know that," she said. "If we don't use these rights we will lose them."

Jo-Anne Riggs is the copyright officer for Dalhousie University. Even though the university purchases licenses and pays royalties for all of its materials, she agrees with Murray's view that users need to assert their rights.

"We want to hold onto fair dealing," she said. "We don't want to lose that."

Dalhousie currently pays $45,000 per year just for student licences. That's not including the 10 cents it has to pay per paper copy for course packs and reserve items.

"But if a professor has a last-minute handout to give the class, well that's fair dealing," said Riggs.

Much of what students are copying, either online or in hard copy, could be claimed to be fair dealing. However, Riggs says "fair dealing is so foggy" it is difficult to draw the line.

Each journal or written item has it's own licence, and each license has its own set of terms and conditions. Riggs says she has many professors asking her questions about the details of certain licences, but she doesn't get the sense of the "climate fear" alluded to by Murray.

"I would call it more caution than fear," said Riggs. "Most professors are also copyright holders so they are very careful about other people's work."

Dr. Trevor Ross is an associate professor of English at Dalhousie University. He also agrees that "fair dealing" is not clear enough.

"I think fair dealing should be expanded to include the classroom," said Ross, "right now we kind fall in-between study and a public forum."

Ross also says that the element of fear is still there but it is lessened.

"Things are more organized now," he said, "we know who to pay but it's still very expensive."

Students however are still in the dark when it comes to copyright. Mary-Ann Kinby is a third year sociology major at Dalhousie University.

"The only thing I know about copyright is that you can't copy things with the copyright symbol on it," she said, "I guess I'm not very well educated on it."

Second year engineering student Bill Hamid is in the same boat.

"I don't know anything about copyright," he said.

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