L'utilisation équitable comparée

Une collègue de l’Université Western vient de publier une étude sur les politiques d’utilisation équitable dans les universités canadiennes :

Comparison of Fair Dealing and Fair Use in Education Post-Pentalogy

Lisa Di Valentino
University of Western Ontario – Faculty of Information and Media Studies

September 3, 2013

While traditionally American fair use has been thought of as broader in scope than Canadian fair dealing, I claim that in 2013 this is no longer the case. I further argue that educational administrators and academic and library associations in Canada have yet to take full advantage of this expansion of users’ rights.

In Part I I give a brief and general overview of copyright in Canada and the United States. In Part II I compare the legislation and jurisprudence specifically with respect to fair dealing and fair use, using the fairness factors as a guide. Specifically, this part will examine differences with respect to the fairness factors in general, transformativity, amount and substantiality, market harm and licences, and institutional practice and policy. Part III is a discussion of the advocacy efforts of Canadian and American educational and library professional associations and the development of best practices and guidelines. I conclude that colleges and universities in Canada may now confidently develop copyright policies that reflect the rights of users, but educational administrators and associations in Canada are lagging behind their American counterparts in leveraging this opportunity.

This paper was presented as a work-in-progress at the IP Scholars Conference, Cardozo Law School, New York (9 August 2013).

Number of Pages in PDF File: 41

Keywords: fair dealing, fair use, copyright law, pentalogy, comparative, education, libraries, administration

Ce contenu a été mis à jour le 2013-10-02 à 14 h 38 min.