From: "Jean-Claude Guédon" <[log in to unmask]>
Date: Thu, 3 Nov 2016 08:17:18 -0400
I was the one mentioning the relationship between the Canadian fair
deal and US fair use.
I did not say they were the same; I said that the Canadian evolution
of its copyright legislation brought it closer to American fair use.
Reading messages carefully is the first necessary step in any
discussion.
The fact that the new fair deal is a blanket exception is a plus in my
perspective. This makes the law far more useful to the less powerful
elements of society that do not have the resources to litigate against
the likes of Elsevier.
As for the educational textbook market, one might wonder why there
should be a textbook market at all. With multiple and frequent
editions resting on minimal changes work to impede the resale of these
textbooks from one class to the next, the only ones suffering are
students. Should this not enter into the equation at a time when
student debt in the US is at a maximum? Open educational resources
need to be developed.
If the Canadian textbook "market" is "worse", this may be a very good
piece of news. Perhaps, it (the market) can disappear altogether and
be replaced by a more cooperative- and community-driven organizational
scheme. There are quite a few interesting experiments in various
countries by the way. I hope they point to the future. A lot of
education is supported by public money. Perhaps that public money
could include the production of teaching materials as well.
The point of textbooks is education, not market; the same is true of
scholarly journals and monographs: their point is research, not
market.
The trump reference? When someone in a debate quotes someone that is
ostensibly in the very same camp, the value of that testimony becomes
problematic.
Jean-Claude Guédon
Le mercredi 02 novembre 2016 à 20:24 -0400, LIBLICENSE a écrit :
From: "Seeley, Mark (ELS-CMA)" <[log in to unmask]>
Date: Wed, 2 Nov 2016 01:27:25 +0000
As far as I can tell, the complaints against the PWC report amount to
how terrible the educational textbook market is globally (which is
true, but Canada is worse), and the timing of copyright law decisions
in Canada vs the copyright law changes made in 2012-- but I think the
two are highly related and the statutory changes reflect the (poorly
reasoned) prior decisions. Finally someone says that that the
Canadian educational exception is the same as US fair use law-- that
is wrong as well given the US is still based on individual fact-based
judicial determinations (based on the four factors), not a blanket
exception.
I think the PWC report has plenty of clear facts and evidence, and
there is no real significant dispute that licensing revenues for the
sector is down enormously. That's a very clear fact that I don't
think anyone can dispute.
When I gave the reference for the PWC report I was very clear that it
came from Access Copyright-- so a clear disclosure. I have no idea
what the Trump reference below means.
Best,
Mark
Mark Seeley, Senior Vice President & General Counsel
Elsevier
: Direct: +1 (781) 663-2241; Mobile: +1 (781) 354-4429
: [log in to unmask]
-----Original Message-----
From: "Jean-Claude Guédon" <[log in to unmask]>
Date: Mon, 31 Oct 2016 18:35:19 -0400
This article is not terribly surprising. In fact, the reverse would
have been amazing. Nicole Saint-jean is the very militant president of
the Association Nationale des Éditeurs de Livres (National Association
of Book Editors) in Québec. They have fought the extensions of Fair
dealing in Canada with teeth and nails.
As for the reaction from Mark Seely (Elsevier) quoting a report paid
for by Access Copyright, I find it quite amusing: Access Copyright "is
a collective voice of creators and publishers in Canada."
(https://www.accesscopyright.ca/about-us/). Someone from Elsevier
quoting Access Copyright is a bit like Mrs Trump quoting her husband.
Not terribly convincing, folks...
Incidentally, what these people are complaining about is essentially
Canada moving its fair deal provision closer to the US fair use
provision, particularly for the educational sector.
Jean-Claude Guédon
Le dimanche 30 octobre 2016 à 18:35 -0400, LIBLICENSE a écrit :
From: Ann Shumelda Okerson <[log in to unmask]>
Date: Wed, 26 Oct 2016 08:30:48 -0400
I was interested to see this short article:
Canadian Copyright Modernization Act: Chronicle of a Disaster Foretold
http://publishingperspectives.com/2016/10/canadian-copyright-modernization-act-chronicle-disaster-foretold/#.WAhzuph97gE
It goes like this: "November 7, 2017, will mark the fifth anniversary
since the Copyright Modernization Act came into force in Canada. But
the act has brought enormous disruption to the book economy, which is
based largely on the intangible capital that is copyright. For many
Canadian authors, creators, and publishers, this act has been nothing
short of a disaster."
Any folks on the list who can comment or have a perspective on the
above statement? It certainly caught my attention.
Thank you, Ann Okerson
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