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Canada

116 bytes added, 08:12, 28 May 2014
/* Copyright law in {{PAGENAME}} */
== Copyright law in {{PAGENAME}} ==
Copyright in Canada is based on British Common Law and as such considers exceptions for fair dealing as being integral and as much a part of the law as the protection of author rights. It allows for authors or their assignees a privileged monopoly on th the use of their works for authors that lasts up to 50 years after their the author’s death.
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=== Copyright law in Education ===
Canada passed new copyright legislation in October 2012. While expanding the concept of fair dealing to include education. The new law has been heavily criticized for its inclusion legal limitation on breaking restrictive interpretation of technology protection measures (TPMs) or “digital locks”. It prohibits the breaking of the digital lock even for legal purposeslike fair dealing. The main advance for education has been clarifications put forward by the Canadian Supreme Court in its interpretation of fair dealing. This more open interpretation provides much more flexibility to educators and institutions in making fair but effective use of educational resources. For example linking in the Internet to copyrighted works is no longer problematice, problematic as many once thought; nor is copying portions of work into course packs for use by students.
In 2004, the Canadian Supreme Court [[ http://en.wikipedia.org/wiki/CCH_Canadian_Ltd._v._Law_Society_of_Upper_Canada|ruled]] on the interpretation of fair dealing, noting that it must be given a “large and liberal interpretation”. They introduce introduced this six point test on whether or not a dealing is fair:
1. Purpose: education, research, parody, sampling etc is permitted
6. Effect: Does it negatively affect the market of the work?
In July, 2012,the Supreme Court ruled on the [http://www.iposgoode.ca/2012/07/the-pentalogy-the-supreme-court-clarifies-canadas-copyright-law-in-five-major-decision/ ‘Copyright “Copyright Pentalogy”,] a series of copyright cases. The judgement was very favourable for education in Canada. The major implications for education are summarized: Copyright law is not just about protection the author; it also is about dissemination to the public
* Copyright law is not just about protection the author; it also is about dissemination to the public.
* Technological neutrality: The law is neutral in terms of whatever technology is used. This allows users to move technology from one platform or device to another.
* Fair dealing was once again stressed as being integral to copyright law, and it must be given a "large and liberal interpretation".
* Instruction and research are essentially the same. Copies of reasonable amounts of works can be duplicated by the instructor for class use.
* "Research" is not restricted to "creative purposes". It can be personal interest.* The user's purpose is paramount in deciding whether copying is “fair”. And* If copying increases the sale of work, then it does not have a negative impact .
== OER Initiatives in {{PAGENAME}} ==
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