“Fair dealing is an important part of creating fair and equitable access for students to short excerpts of course readings that do not fall under student purchased materials like textbooks or library purchased ebooks and journals. It should also be noted that Open Access, Open Education Resources and other models of freely sharing and accessing scholarly and educational material are important positive trends that continue to impact student’s access to content.”
“The cost of weakening fair dealing, including increased charges by Access Copyright, will be passed on to students. There is an argument to be made that writers’ incomes in Canada is decreasing and that we as a society should do something about that. But it’s unfair to ask students to pay for it. Fair dealing isn’t the problem, and changing it is isn’t the solution.”
What role does Fair Dealing have in the classroom? The University of Lethbridge Library has produced this short video featuring three U of L faculty discussing how Fair Dealing shapes the structure of their classes and how Fair Dealing substantially benefits both teachers and students.
“Ryerson’s librarians have been efficient in posting and organizing requested materials for reliable online access. On occasion, they have also drawn my attention to copyright issues when I have inadvertently requested material beyond the Fair Dealing limit.”
“Through fair dealing, my professors are able to share work that has, in turn, inspired me to pursue and engage with their publications more widely. I wouldn’t be able to situate my research in the wider landscape in my field without including figures and images by other researchers in my thesis. Fair dealing lets me make these connections for my readers.”
“The Ottawa Public Library’s ‘Aging by the Book’ program is a volunteer-led reading circle, hosted in branches and in library homebound services locations (retirement residences), that helps older adults explore aspects of aging. Participants harness the power of stories to build a community of interest around a broad and flexible conception of aging by reading copies of excerpts from texts in the library’s collections to spark discussion.”
“The student experience, particularly at the graduate level, is dependent upon a high-quality academic education, intellectual growth and access to the resources required to flourish. Fair dealing supports all of these areas, enabling students to take their ideas to the next level through their scholarship and research with the right materials needed to respond to future opportunities and challenges.”
“In my classes, I am able to supplement the required textbook and pull from multiple sources, tailoring my learning experience to my interests inside and outside of the classroom. Without fair dealing, it would be more difficult for us to critically look at the world around us, stifling the potential for innovation and discovery. The University of Calgary Students’ Union is working in support of fair dealing with the Canadian Alliance of Student Associations, and we hope to see this preserved in the renewed Copyright Act.”
“Fair dealing is critical for innovative teaching and learning on campuses across Canada. It helps our instructors bring dynamic and relevant content to their courses, challenging students to think critically and creatively. Fair dealing demonstrates how bringing the latest research information encourages students to take part in larger disciplinary conversations, building on their knowledge.”
“Fair dealing plays an essential role in the dissemination of scholarly knowledge and the advancement of scholarship. It also helps us strike the crucial balance between appropriate use of copyrighted material and protecting authors’ rights. Fair dealing allows students and faculty to use scholarly information in an active way that teaches them the importance of crediting the sources they use.”
“As Chairperson of the National Graduate Caucus of the Canadian Federation of Students, I support fair dealing because it ensures that public knowledge remains in the public interest. As students, researchers, and workers, myself and the over 90,000 graduate students want to ensure that copyright law is fair and effective.”
[See video testimonial.]”If more people will have access to resources and when researchers know that their work will be more sharable with others for education, I think society will benefit from knowledge which was generated through research. And authors will get more credit for their work in a way that is… still fair. Because it’s important that authors will create material and know that their material is protected, but it also creates opportunity to expose themselves to wider society audience and make new changes.”
“Through fair dealing I am able to access E-Reserves for my course readings. While some professors do put physical books on reserve at the library it can be difficult if other people also want the book at the same time to work on the assignment or to do readings. With E-Reserves I don’t have to wait for anyone to bring back the book because I can access the excerpts I need from my own computer. Fair dealing has helped me be able to be more a more effective and productive student while at Queen’s University.”
How do you think your life would change if there wasn’t a fair dealing exception?
“If there was no fair dealing exception, I would have been spending a lot more money on course readers and textbooks whether through rental or purchase. The cost of buying textbooks, which can be quite high, has been significantly alleviated for me because of this exception. It is also much easier to carry my laptop around which has all of my notes, lecture slides, documents, and readings on it than having to carry multiple textbooks as well.”
“Fair dealing has allowed more freedom and creativity in designing my courses. I am no longer constrained by a textbook or a couple of books, which means that I can give students a taste of different readings ranging from textbooks and academic articles to book chapters. I can also construct a syllabus that is more tailored to my own thinking of the subject matter and that is more up-to-date. All this enriches my courses tremendously and exposes students to a greater variety of readings.”
“Work done at universities for educational, scholarly, and research purposes contributes significantly to the public good. Access to copyrighted material produced by others plays an essential role in performing that work. Scholars learn from and build upon the creative work of those who have come before, and undue restrictions on the access to and use of such creative work can impede the advances of scholarship.”
“I strongly believe that the library’s support makes it possible for me – and through me, my students – to take advantage of our user rights to the maximum. All of my courses are interdisciplinary and do not use single textbooks. This means that I need to compile my own reading lists for each course, and it would cost a lot of money if I were to ask students to purchase all materials. But through the library, students gain access to copyright cleared materials.”
“The fair dealing exception is critical in integrating excerpts of current research findings within my course curricula in the physical sciences. Instead of relying solely on sometimes dated material in textbooks, fundamental concepts were complemented with the most up-to-date research. This definitely expanded the scope of my courses, giving me a more rich educational experience.
“As a Canadian Professor and scholar, fair dealing helps me do my job every day. I incorporate the latest scientific papers in my biochemistry classes, as that is the most effective way to teach students about the exciting developments in biochemistry and to inspire them to be curious about our amazing world. And I am grateful that my own scholarship can be used by colleagues in classrooms around the country without financial or logistical barriers. Fair Dealing is essential to me doing my job well.”
“As a public librarian, I recognize the value and importance of fair dealing within my library system. […] By providing these materials to our patrons we are facilitating their access to information, which is at the core of a public library’s mandate. We acknowledge that an informed citizenry is integral to a strong functioning democracy and believe that fair dealing plays a central role in establishing and perpetuating equitable access to information for all Canadians.”
“Fair dealing allows me to quote from biographical and artist information on the web and from material submitted by the artist in the process of reviewing and critiquing new music I play on my weekly program. It is indispensable in putting on a great show.”
“One genre of poetry I write is the cento: a poem made of lines from other poems or works. My cento ‘Shadows the words,'” published in the found poetry journal Unlost, is composed of lines from seven different contemporary poems. […] Without fair dealing, licensing fees to excerpt even single lines from extant published works, especially works of poetry or song lyrics, could cost hundreds or thousands of dollars. Creative writers and authors need fair dealing no less than educators do.”
“Fair dealing has made it much easier for me to provide access to my students to scholarly research, in particular individual chapters from books that are not available online from the U of T Library. […] There is no doubt that the service which the library provides of reviewing my syllabus and my online postings to ensure they meet the fair dealing requirements is much more streamlined and provides significantly more flexibility in what readings I can put on the reading list.”
What do you see as the library’s role in helping you with copyright and fair dealing?
“The library helps professors and students to organize their reading materials and provide easy access to them. At the same time, they ensure that copyright compliance is followed for all materials provided through the library. It’s a worry-free scenario for the users.”