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

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Annex A

Working Group – Terms of Reference

Background

In Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act (Section 92 Report), tabled on October 3, 2002, the Departments of Canadian Heritage and Industry propose to focus on four key sets of issues in the short term: digital issues and those related to the WIPO treaties, access and educational use, photographic works and transitional periods for unpublished works. Some of the digital issues have already been consulted on and preliminary policy analysis has taken place. However, our consultations for the first grouping are not completed, including with respect to some access and educational use issues. It is in this context that the Departments welcomed the Copyright Consortium of the Council of Ministers of Education’s (CMEC) suggestion for a meeting with participants from the educational community and various organizations representing rights holders to address copyright issues related to “publicly available” material on the Internet for educational purposes.

A day-and-a half meeting, organized and facilitated by officials in the Departments of Canadian Heritage and Industry, was held on December 11 and 12, 2002. Participants expressed a common sentiment that a Working Group was necessary to further the discussion on the subject matter. They looked at the Departments to provide more details as to how the Working Group would operate (e.g. membership, terms of reference, timing, deliverables, etc.).

The following individuals, representing the educational sector and rights holders, have agreed to participate in a Working Group:

• Monique Bélanger, Canadian School Board Association (CSBA)
• Catherine Campbell, Consultant
• André Cornellier, Canadian Association of Photographers and Illustrators in Communications (CAPIC)
• Shannon Delbridge, Council of Ministers of Education, Canada (CMEC)
• Claudette Fortier, Société du droit de reproduction des auteurs, compositeurs et éditeurs au Canada (SODRAC)
• Peter Grant, Educational Rights Collective of Canada (ERCC)
• Gary Hatcher, Council of Ministers of Education, Canada (CMEC)
• Jacqueline Hushion, Canadian Publishers’ Council (CPC)
• Paul Jones, Canadian Association of University Teachers (CAUT)
• Roanie Levy, Access Copyright
• Brenda Mahoney, Association of Community Colleges of Canada (ACCC)
• Hélène Messier, COPIBEC
• Wanda Noel, Consultant
• Fred Wardle, Access Copyright
• Harvey Weiner, Canadian Teachers’ Federation (CTF)
• Grace Westcott, Copyright Institute
• Steve Wills, Association of Universities and Colleges of Canada (AUCC)

The Departments of Canadian Heritage and Industry wish to thank the above individuals for agreeing to participate in the Working Group.

Working Group Mandate

1. Gather additional information on the various educational uses of materials on the Internet.
2. Seek a common understanding of what is meant by “publicly available” material on the Internet.
3. Explore options to address the use of “publicly available” material on the Internet within the educational context and identify the advantages and limitations of each option.
4. Present a report on the views and options discussed, including any recommendation on how to address the issue of “publicly available” material on the Internet.

Departmental officials will continue to act as facilitators and provide the appropriate support in order to advance the consideration of this issue.

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