Book Publishers Whine To USTR That It's Just Not Fair That Canada Recognizes Fair Dealing For Educational Purposes
from the you-know,-like-US-law dept
A few years ago, Canada's Supreme Court made it clear that "fair dealing" should be applied broadly, especially in educational settings. Fair dealing, of course, is similar to fair use -- and, in the US, in theory, educational uses are also supposed to qualify for fair use. As Section 107 of the US Copyright Act states:The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—Thus, it seems like the Canadian interpretation is very much in line with the US's statutory view of fair use. Of course, over the years, in the US, publishers have repeatedly chipped away at fair use, such that now that Canada has moved to a position more akin to what the US's is supposed to be, those same publishers are absolutely flipping out. Last year, we noted that those US publishers submitted a recommendation to the USTR claiming that fair dealing in Canada was simply piracy. This was the publishers' submission to the USTR for consideration in preparing its annual Special 301 Report.
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Apparently, this "fair dealing = piracy" argument didn't play well enough at the USTR and didn't make this year's Special 301 charade. So, the publishers are pissed. Or so reports a recent bit in Politico's Morning Trade (I'd link to the actual story, but Politico apparently doesn't believe in making it easy to permalink to its Morning Trade tidbits, so it's no longer there), where it notes they've asked the deputy USTR (and former BSA boss) to do something.
Deputy U.S. Trade Representative Robert Holleyman is traveling to New York today to attend the opening ceremony of BookExpo America, put on by the Association of American Publishers. The industry group is steamed over USTR’s failure in a recent report to confront what it regards as Canada’s overly broad copyright exception for educational purposes. “Active engagement by the U.S. and Canada to remedy the damage should not be put off any longer,” the AAP said.Think about that for a second. Here are American publishers flat out complaining about Canada setting up its laws to help people get educated. Do these publishers think even in the slightest about the kind of message they're sending out? "Fuck educating children -- we want more money."
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: book publishers, canada, education, fair dealing, fair use, robert holleyman, ustr
Companies: association of american publishers
Reader Comments
Subscribe: RSS
View by: Time | Thread
No such thing as 'Too low'
"Screw education, we got to get paid" is perfectly in line with the maximalist stance on the matter.
[ link to this | view in chronology ]
Surprised?
That's what most colleges/universities/trade schools say in general today (google student loan fiasco), so why should you expect different from people who make school supplies?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Speaking of Teaching...
[ link to this | view in chronology ]
Did anyone ever think differently about the publishers?
For that matter does anyone really think differently about government contractors and politicians in general?
[ link to this | view in chronology ]
Techdirt Swearing stats
This is highly (non) scientific based on what stories were in my RSS folder this afternoon.
Pics or it didn't happen - http://imgur.com/a/VhMxm
Bullshit
Mike Masnick - 9
Karl Bode - 6
Tim Cushing - 6
Timothy Geigner - 3
Leigh Beadon - 1
Michael Ho - 0
Fuck
Mike Masnick - 6
Karl Bode - 0
Tim Cushing - 6
Timothy Geigner - 3
Leigh Beadon - 2
Michael Ho - 1
Shit
Mike Masnick - 13
Karl Bode - 10
Tim Cushing - 10
Timothy Geigner - 9
Leigh Beadon - 1
Michael Ho - 0
Conclusions
1. Michael Ho's mother reads all of his articles.
2. Karl Bode doesn't like the F word.
3. Mike and Tim C are part time sailors.
Side note: stats for the word 'shit' include it's presence in the term 'bullshit'. So of the 13 times Mike said 'shit', only 4 of those were plain old 'shit', indicating a 69.2% preference for 'bullshit'.
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
Okay... this more than anything I've seen all day made me burst out laughing.
Well done XD
[ link to this | view in chronology ]
Re: Re: Techdirt Swearing stats
It's the only explanation.
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
They're 40-year-olds going on 13, still think that vulgar words have effect. -- Well, does, such as driving away the few women. -- I meant Techdirt writers actually believe that jamming in UNNECESSARY vulgar words improve a piece which at same they believe "professional"! It's a faith-based cult.
And it's been a month of few and trivial re-writes.
[ link to this | view in chronology ]
Re: Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Re:
Who hated the process of due
Each film that he'd paid
Was DMCAed
And shoved up his ass with a screw
[ link to this | view in chronology ]
Re: Re: Techdirt Swearing stats
Blue asserts this like it's some sort of proven fact.
Personally, I'm not so convinced that Techdirt's female readers are so easily offended by a bit of salty language here and there.
However, I am curious, so perhaps some of you ladies could weigh in this issue?
[ link to this | view in chronology ]
Re: Re: Re: Techdirt Swearing stats
OK, as a woman who's a regular reader here, I'll weigh in on this:
There are plenty of offensive things in this world. (This site deals with a fair number of them.) Salty language -- in itself -- isn't one of them.
I still think profanity is most powerful when used sparingly. In my offline life I very rarely swear. When I do, the people who know me pay attention.
On the other hand, I've known a few people -- women and men alike -- whose skillful use of profanity truly qualifies as art. NSFW, perhaps, but very entertaining.
And regardless, sometimes a situation is so messed up that you just need to say...
Fuck that shit.
[ link to this | view in chronology ]
Re: Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
We all feel frustration and outrage about what goes on, but somehow all the cursing does is make the author seem out of control.
[ link to this | view in chronology ]
Re: Re: Techdirt Swearing stats
[ link to this | view in chronology ]
Re: Techdirt Swearing stats
(F u c k political correctness. All attempts to rein in free speech or reign over free speech is a heinous crime against humanity.)
[ link to this | view in chronology ]
Re: Re: Techdirt Swearing stats
So.......
Criticism is a human rights violation?
...
wow.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Pirate Mike is again spamming up SuprBay!
This is how it appears on level up and the page:
Assoc. of American Publishers: "Fuck educating children -- we want more money."
QUOTE MARKS MEAN VERBATIM, SO YOUR HEADLINE AT SUPRBAY LIES.
I think that's defamation and that you should remove those quote marks.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
What is even funnier is that in the past Blue himself has stated that he believes that someone commenting with his *unregistered* screenname is committing fraud and that Mike should *do* something about it.
Checkout this thread from when we had a couple of different people using the out_of_the_blue moniker just to annoy him:
https://www.techdirt.com/articles/20130227/14231422143/comcast-we-wont-terminate-your-account-un der-six-strikes-well-just-block-every-single-website.shtml#c735
[ link to this | view in chronology ]
Re: Re: Re:
But yeah, it's funny that he claims that using his unregistered pseudonym is fraud, he staunchly refuses to "commit fraud" - and two years down the road, look where he is.
Idiocy comes full circle.
[ link to this | view in chronology ]
Re: Pirate Mike is again spamming up SuprBay!
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Michael Geist wrote about it in his first article: Why Fair Dealing Is Not Destroying Canada Publishing. The Association of American Publishers, however, is worried about the messy discussions around the China tariff list. The source copy on Publishing Industry Asks U.S. Trade Representative to Remove Books - https://www.achieveessays.com/
[ link to this | view in chronology ]