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APLA Continuing Education Newsletter

October 2021





This month we are focusing on copyright, fair use, and copyright
librarianship. Know of something we’ve missed out on, let us know!



***

On July 30th 2021, after a protracted legal struggle, the Supreme Court of
Canada ruled in favour of York University in “York University v. Canadian
Copyright Licensing Agency (Access Copyright).” While this struggle is not
over yet, it is seen by many in the library community as a victory for fair
dealing and libraries everywhere.



For those not involved in copyright librarianship, the role can often seem
like one of grim enforcement, telling people what they cannot access and
cannot use to help others grow. While this is a part of the job for some
copyright librarians, the ones I have spoken with also explain that their
role is about extending and protecting fair use policies and forms of open
access sharing and cooperation.



Below are some references of relevance for those interested in
understanding more about fair use and copyright



***

   - *CARL, the Canadian Association of Research Libraries*, is keenly
   interested in copyright policy and its impact on libraries. You can see
   their advocacy work and resources on their website:

https://www.carl-abrc.ca/influencing-policy/copyright/


   - *Canadian Copyright Blogs*: Links to blogs about Canada’s copyright
   law. List developed by Canadian copyright specialists from the University
   of Saskatchewan

https://library.usask.ca/copyright/general-information/canadian-copyright-blogs.php



   - *Reclaiming Fair Use How to Put Balance Back in Copyright*, by
   Patricia Aufderheide and Peter Jaszi

https://press.uchicago.edu/ucp/books/book/chicago/R/bo28242133.html



   - The Works of Dr. Carys Craig, such as *Introduction – Copyright,
   Communication & Culture: Towards a Relational Theory of Copyright Law*.
   A review of which can be seen here:

https://private-law-theory.org/?p=262



   - *Canadian Copyright: A Citizen's Guide* by Laura J. Murray and Samuel
   E. Trosow

https://www.thefreelibrary.com/Laura+J.+Murray+and+Samuel+E.+Trosow.+Canadian+Copyright%3a+A+Citizen%27s...-a0206341212



   - For a breakdown of the Access Copyright Case see: *Howard Knox Excess
   Copyright* blog discussion:

https://excesscopyright.blogspot.com/2021/08/victory-and-vindication-for-canadian.html



   - Access Copyright v York University - School’s Out! No mandatory
   tariff; no declaratory relief of fair dealing; and “public access to and
   dissemination” of works is a primary goal of copyright in Canada. (*You
   can see this article exactly once before they put it behind a registration
   wall) *

https://www.lexology.com/library/detail.aspx?g=8c662f27-9d98-4ab4-8c49-143fefbc347d



   - For those interested in a more robust course of study in copyright law
   with a US focus, consider the online course *Copyright X* out of Harvard
   University. (You have to apply to be accepted into this program)

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