The Scope of Fair Dealing and its Application to Educational Institutions

This panel is will provide two sides of the developing ‒ and highly contested ‒ legal and policy arguments relating to the scope of the fair dealing exceptions in an educational context, in conjunction with the perspectives of a practitioner and a neutral academic on the relevant issues. The purpose of this panel will be to review the ongoing “fallout” from the Supreme Court’s 2012 decision and the coming into force of the Copyright Modernization Act. The panel will consequently address the legal debates that have arisen as a result of the Court’s decision and the addition of “education” as an allowable fair dealing purpose, including a summary of the arguments of “both sides” relating to fair dealing, the unforeseen (and perhaps foreseen) consequences, and their predictions and hopes for the future resolution of this contentious area of Canadian copyright law. The panel will also address how this “fallout” has affected institutional decision making at educational institutions, as well as discuss the question of educational rights and exceptions in an international context.

Panelists:

J. Aidan O’Neill ‒ Partner, Fasken Martineau DuMoulin LLP, Ottawa, Ontario
Erin Finlay ‒ General Counsel, Access Copyright, Toronto, Ontario
Inba Kehoe ‒ Copyright Officer, Scholarly Communication Librarian, University of Victoria
Ysolde Gendreau ‒ Professor, Université de Montréal, Montreal, Quebec

Moderator:

Dr. Margaret Ann Wilkinson, Professor, University of Western Ontario, Western Law