Copyright is the foundation on which the book business is built, and is an essential tool that protects the intellectual property rights of publishers and creators, while allowing Canadians ready access to the reading material they rely on for work, education, and leisure.
Since the adoption of the Copyright Modernization Act in 2012, educators at both the K-12 and post-secondary level have interpreted new fair dealing provisions very broadly, and ceased making payment for the copyright protected materials they rely on to deliver curriculum and courses to Canadian students. Revenues have dropped dramatically, limiting the industry’s capacity to reinvest in Canadian work. The education sector’s interpretation of fair dealing has led to costly and disruptive litigation that, at best, will take several years to resolve. Though a review of the Copyright Modernization Act is forthcoming in 2017, we anticipate that the recommendations that result could take significant time to implement.
ACP believes that fair dealing provisions must be clarified immediately, to ensure fair compensation for the use of copyright-protected work, and the continued production of Canadian learning resources for our students.