ARCHIVED — Education and Research Amendments

June 2008

For teachers and students who use Internet technology to facilitate learning
For librarians and for library patrons engaged in research and private study

The purpose of this information sheet is to give general introductory information about current copyright law and to explain what would change under the proposed amendments. If you need to know how the law applies to a particular situation, please seek advice from a lawyer.

Current law

• The Copyright Act already includes exceptions allowing teachers and students to use copyright material to a limited extent within the physical classroom (e.g., perform copyright-protected songs, make copies of copyright material to use with overhead projectors).
• Librarians may reproduce copyright material (e.g., periodical articles), subject to various restrictions, so that library clients can use the material for research or private study. Under the current Act, only a paper copy can be provided.

What the proposed "education and research" provisions would allow

• Technology-Enhanced Learning:
  • Teachers and students could use copyright material in lessons conducted over the Internet. The amendments would apply to teachers and students who are in the physical classroom as well as to those who are participating in the lessons (or viewing recordings of the lessons afterwards) from remote locations using Internet technology. For example, this allows music students — both those in the classroom and those who are participating from a remote location — to perform a copyright-protected song together as part of a lesson.
  • Teachers would be able to digitally deliver course materials to students, subject to fair compensation for copyright owners. Students would be able to print a single copy of these course materials.
• Educational Use of Internet Material: Teachers and students could use material that they find on the Internet, as long as it is used for educational or training purposes. For example, teachers and students could make multiple copies of articles found on the Internet and distribute them to classmates.
• Library Materials: Librarians could digitize print material and then send a copy electronically to the library client through an interlibrary loan. The requesting patron could either view the material using his/her computer or print one copy.

Limitations

• Technology-Enhanced Learning: Schools would have to ensure that Internet access to a lesson is restricted to teachers and students in the course and that the lesson could not be copied or distributed by students. After a course has ended, schools would have to destroy the recordings of the lessons from that course. Schools must also take measures to limit the distribution of digitally delivered course materials to students in that course, and to prevent students from copying or distributing course materials (e.g., other than making one print copy for themselves).
• Educational Use of Internet Material: Teachers and students could not rely on the exception if their use of the Internet material has been restricted by a digital lock or prohibited by a clearly visible notice. The exception would not apply to material posted on the Internet without the consent of the copyright owner.
• Library Materials: The patron receiving the electronically transmitted material could not make permanent copies, digital or otherwise, other than a single print copy, and could not distribute it further. Electronic access to the material would terminate after five business days. The library must ensure that only the intended recipients receive the protected material and that they abide by other conditions set out in the provisions.