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Academic libraries around the world are cancelling big deal journal subscriptions at an increasing rate. This is primarily due to budgetary challenges, the unsustainable hyperinflationary pricing of these packages, and a need to move toward new open access models. It is a complex situation with many vested interests and stakeholders. Some libraries have been the target of angry backlash from faculty after such cancellations. The purpose of this qualitative study is to discover strategies for communicating to the campus community about collections cancellations so that they will better understand and support the library in making these difficult decisions.
The Federal Court of Appeal delivered its long-awaited decision the York University v. Access Copyright case yesterday, setting aside the lower court ruling that I had described as "a complete victory" for Access Copyright. The latest ruling will not leave York University and the education community completely happy given the court's fair dealing analysis, but winning on the mandatory tariff issue removes both the threat of mandated payments to Access Copyright as well as the possibility of a copyright infringement lawsuit by the copyright collective. That represents an enormous win both for York and for a fair approach to copyright licensing that ensures users have licensing choice.
Answer is "looks like yes, at least sometimes."
Two weeks ago, Justice Phelan of the Federal Court handed Access Copyright a huge victory in its lawsuit against York University.[1] I have followed the case closely and read the parties’ submissions and I have been constantly concerned that York … Access Copyright v. York University: An Anatomy of a Predictable But Avoidable Loss Read More »
For the past 13 years, Canadian copyright jurisprudence has followed a consistent trajectory. Starting with the Supreme Court of Canada's CCH decision in 2004, Canadian courts and tribunals have affirmed the need for balance in copyright and the importance of user's rights. That approach has been particularly evident in fair dealing cases. Much to the dismay of Access Copyright, from the Supreme Court's 2012 copyright pentalogy cases (including Alberta v. Access Copyright and SOCAN v. Bell) to the Copyright Board's rulings on copying in K-12 schools and governments to the Federal Court of Appeal (upholding the Copyright Board's decisions), the courts have upheld the need for balance and a broad, liberal approach to fair dealing. Yesterday, however, five years to the day of the release of the Supreme Court's copyright pentalogy, Access Copyright found a willing taker for its legal arguments. Judge Michael Phelan of the Federal Court of Canada delivered a complete victory for the copyright collective, rejecting York University's fair dealing approach and concluding that an interim tariff is mandatory and enforceable against the university. The immediate implications of the decision are significant: royalty payments to Access Copyright (that will likely be kept in escrow pending any appeals) and the prospect of other universities re-thinking their current copyright policies. The decision will also have an effect on the copyright review scheduled for later this year. With the court's decision, there will be little reason to revisit the inclusion of the "education" purpose in fair dealing as it had no discernible impact on the court's legal analysis.
This multi-stakeholder group has concluded its work, outlining a model framework for moving Canadian scholarly publishing toward a more sustainable future, and affirming six principles to guide this process. July 4, 2017. – After ten months of assessing the current … More >> Canadian Scholarly Publishing Working Group Releases Final Report