CMEC Copyright Consortium Pursues Legal Option on Fair Dealing Rights for Students in Canadian Schools
FOR IMMEDIATE RELEASE
Education ministers apply for leave to appeal to the Supreme Court of Canada
TORONTO, September 29, 2010 — Ministers of education across Canada are seeking leave to take their legal argument regarding fair-dealing rights for students in Canadian schools to the Supreme Court of Canada.
The Copyright Consortium of the Council of Ministers of Education, Canada (CMEC), is appealing the July decision of the Federal Court of Appeal upholding the Copyright Board of Canada's photocopying tariff for K–12 educational institutions. This decision establishes a narrow interpretation of “fair dealing” in the federal Copyright Act as it pertains to making copies of learning materials for distribution to students.
“Education ministers are disappointed with the Federal Court of Appeal's decision in its judicial review of the K–12 photocopying tariff,” said Nova Scotia Minister of Education Marilyn More, chair of the CMEC Copyright Consortium. “We look forward to receiving permission to argue our case before the Supreme Court of Canada. This important matter reaches the very core of how our teachers can provide effective learning materials in the classroom.”
Minister More added, “Education ministers are most concerned about the impact of this decision on our country's schools, teachers, and students. We believe that teachers and students in Canadian schools should be afforded the same rights enjoyed by teachers and students in other countries, where they have the ability to copy and use materials for educational purposes without having to pay additional fees to copyright collectives.”
The decision to ask the Supreme Court of Canada to interpret what constitutes fair dealing with regard to copyrighted material for distribution to Canadian students is important for educational institutions across Canada. In 2004, the Supreme Court of Canada directed courts to give users' rights in the Copyright Act a liberal interpretation. That decision resulted in it being fair, for example, for librarians to make copies for lawyers engaged in the practice of law. Another decision has found it to be fair for music sellers to stream music online for previewing by their customers. However, the recent Federal Court of Appeal decision has found that teachers copying materials for distribution to students was not fair dealing. Minister More commented, “Ministers want this decision to be reviewed by the Supreme Court of Canada. If a librarian can copy for a lawyer, and music sellers can stream music online for previewing by their customers, then it stands to reason that it should also be fair for a teacher to copy for students.”
About CMEC
Founded in 1967, CMEC is the collective voice of Canada's ministers of education. It provides leadership in education at the pan-Canadian and international levels. For more information, visit us at www.cmec.ca.
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