ARCHIVED — Copyright and the Educational Use of Internet Content, Working Group’s Report

Previous | Table of Contents | Next

8. Premilinary Assessment by Government Departments

Ten years ago, one of the first popular Web browsers, Mosaic, made its appearance. Although the Internet existed before the appearance of Mosaic, this software, as well as those that followed, provided practical tools permitting the browsing and creation of Web sites. Because of slow connections and limited processing power and bandwidth, most Web sites were, at first, primarily text-based. Now, the Internet has truly become a multimedia environment, combining text, images, audio as well as video files. Furthermore, as the Internet grew, the traditional distinction between creator and user was blurred. Creators of Internet-based content do not necessarily seek economic gain. On the other hand, the educational use of the Internet may represent an important market for creators.

The Canadian Government has, over the past years, recognized the Internet’s benefits in the information society and especially in the educational sector. Government initiatives such as the Innovation agenda, SchoolNet and the broadband deployment initiatives bear witness to the Government’s commitment to fully exploit the potential of the “Information Highway.” As well, the Government has recognized the need to create and make available Canadian works that enhance the learning experience; initiatives such as Canadian Culture Online and the National Film Board’s CineRoute aim to give Canadian students access to engaging Internet-based learning tools.

The Canadian Government also acknowledges the legitimate expectation of those who put original material on the Internet that their copyright will be respected, including any right to be compensated for the use of their material. One possible means of supporting this expectation is through the modernization of collective rights management models to fit the digital environment. For this reason, through a series of round tables, collectives have been encouraged to develop common approaches to streamline copyright clearance in the digital environment. An Electronic Copyright Fund has also been created to help support collectives as they strive to achieve this objective.

Furthermore, with a view to improving collective management, the Government is exploring with collectives various new models for collective licensing; one such model is referred to as extended licensing and is the subject of studies by Professor Daniel Gervais from the University of Ottawa’s Law Faculty.⁴ Whether this model would work adequately under the current Canadian rights management landscape remains to be determined.

In dealing with the use of the Internet, the Government has strived to develop a model that supports both culture and innovation – creating a copyright framework that helps stimulate and reward the creation and distribution of rich and relevant Canadian content, while also enhancing access to copyright material. The same two objectives continue to guide the Government’s work as it addresses the issue at hand.

Officials from the two Departments have, throughout these consultations, gained a greater appreciation and insight with respect to the educational use of Internet content. As noted earlier in this report, the issue at hand is quite complex. While everyone appears to agree that a considerable percentage of Internet content has been posted with no expectation of payment, other issues (such as moral rights and conditions of use) can come into play. As well, the lines between “what is for free” and “what is not” are not always easily drawn.

Although agreement could not be reached on a policy approach among Working Group participants, everyone appeared to agree that there is a significant number of works that are “available for free” on the Internet that can be used in certain ways by teachers and students for educational purposes without the need to obtain prior authorization from or to provide payment to the copyright owner. Such works should not be subject to payment under collective licensing or otherwise; on the other hand, the educational sector is willing to pay for the use of material on the Internet where there is an expectation for remuneration. There is a need to maintain and encourage “learning moments.” Finally, in the context of an environment that fosters respect and compliance with copyright rules, a solution that is easily understood by teachers and students is required.

Blanket licensing and collective management – although the latter’s efficiency can and must be improved – have been very valuable tools. They have proven to be important in terms of protecting creators’ rights and securing easy and affordable access to works. However, exceptions, in certain circumstances, cannot and should not be ruled out. (For example, there may be circumstances where the cost of negotiating and administering a licence might exceed the revenues that could potentially be derived from the licence.)

It is within these parameters that the Government will make its policy determination on this very important issue. While the initial impetus for our work on this issue was the educational use of “publicly available” material on the Internet, there may be a need to examine this issue more broadly with a view to considering the educational use of the Internet as a whole.

The Departments have identified as guiding principles the following: clarity, simplicity, fairness and flexibility. These principles will assist them in their policy deliberations as they strive to ensure that the issue at hand is appropriately addressed. The discussion within the Working Group appeared to confirm the importance of these principles to the stakeholders. Ideally, the policy would:

CLARITY

• Provide clear guidance with respect to the rights and obligations and their application in the educational context.

SIMPLICITY

• Ensure that the application of the copyright rules is simple for educators, students and rights holders in the context of the Internet.

FAIRNESS

• Reflect fairness by allowing educators and students the use of Internet-based material to the fullest possible extent as part of the educational institutions’ curricula; at the same time, it would acknowledge the legitimate interests and rights of the rights holders in their material.

FLEXIBILITY

• Be based on a statement of principles that would have enduring application in the rapidly evolving digital environment, rather than technology-specific rules that may soon be out-of-date.

These principles are meant to complement, not supplant, the principles already outlined on page 6 of the Government’s Framework for Copyright Reform,which was released in June 2001.

Finally, the Departments wish to thank all those who participated in this process. We were very encouraged by the openness and goodwill with which stakeholders participated in this exercise.

---

⁴ First study | Second study

Previous | Table of Contents | Next