Protecting fair dealing for education

Counselor sitting behind desk reviewing notes with student sitting across

Our position

Universities support high quality, accessible education by maintaining a balanced approach to copyright.

Fair dealing is an essential part of our education system. It’s an important exception in Canadian copyright law that allows limited and reasonable use of copyrighted materials, without permission, for research, private study, criticism, news reporting, parody, satire, review and, importantly, education. Fair dealing ensures a balance between protecting creators’ rights and allowing public access to information.

Current Canadian laws around copyright and fair dealing strike this balance well. Universities produce a wide range of educational materials including PowerPoint presentations and professors’ books related to their fields, which are published, supported and often funded by the universities themselves. Fair dealing allows for the equitable use of educational resources, supporting a modern and accessible education system.

Background and context

Benefits to students

Maintaining fair dealing for education ensures that Canada’s young people receive the 21st-century education required in our constantly changing world by providing greater access to learning materials, course packs and other essential educational resources.

For example, fair dealing for education allows professors to distribute excerpts from textbooks and academic journals without needing to secure additional and cumbersome permissions. This gives students exposure to a greater diversity of works and perspectives throughout their education.

“The more access students have to the widest breadth of ideas and information possible, the better equipped they are to cultivate subject matter expertise and engage with fundamental debates.”

Canadian Alliance of Student Associations
Copyright compliance

Universities take copyright laws seriously. They follow fair dealing policies, invest in on-campus copyright offices and employ staff dedicated to educating the campus community on compliance. These efforts ensure we respect the rights of content creators while supporting educational needs.

Fair dealing for education in the digital age

University libraries have shifted from purchasing print to digital content, where the terms of sharing and access are negotiated and controlled by contracts. It has changed how students access resources from libraries; most allow students to access library content on their personal devices 24/7 through e-reserve systems.

This shift has significantly reduced the use of printed course packs, aligning with modern learning needs. University libraries have adapted to this new digital era and take strong measures to uphold copyright laws as well as ensure digital materials are used fairly and made accessible to learners.

The importance of maintaining balance

Adjustments to copyright law that undermine fair dealing for education would limit access to learning materials for students without guaranteeing new revenues for authors and creators. Such changes could place stricter limits on using educational content, making it more difficult for teachers to offer a variety of resources, without addressing issues of how creators are paid for their work.

We strongly recommend that Canada maintains a balanced approach to copyright law by preserving fair dealing for educational purposes. This balance is crucial for fostering an environment where both creators and users can thrive.

News

By the numbers

  • $1B

    spent by universities on library content

    Universities have spent $1 billion on library content over the last three years combined.

  • 93%

    expenditures on electronic resources

    93% of annual library expenditures reported by the Canadian Association of Research Libraries were on electronic resources.

  • 24/7

    access

    E-reserve systems in university libraries allow students to access digital content anytime, anywhere.

Publications

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