Friday, April 28 • 16:00 - 17:30
Fixing Copyright for Education

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In this session we will discuss how Europe, Australia and Canada are addressing changes to their copyright laws with the aim to fit education to the modern age.

Europe is discussing an update of its copyright laws that has the potential to address some of the limitations placed on education. However, the proposed changes fail to embrace the fact that education is now conducted by a multitude of institutions, and even learners themselves, and leaves behind multiple initiatives that use the open internet to provide education to learners with different backgrounds and literacies. Unless we are able to change the proposal, Europe will be stuck with inflexible rules.

Copyright reform is a significant issue for Australian schools, as Australia’s outdated copyright laws currently stand in the way of teachers using the most modern teaching methods in the interests of Australian students. The issue of whether Australia should adopt a flexible copyright exception like fair use has been extensively examined in Australia, and a fair use style copyright exception has now been recommended by seven independent review committees over almost 20 years of in-depth consideration.

Canada is often held out as a great example of successful copyright advocacy leading to a more balanced law. After more than a decade of debate, the law was overhauled in 2012.  It features some innovative limitations and exceptions such as exceptions for Internet materials in education and non-commercial user generated content. There is also a cap on statutory damages in non-commercial cases and a privacy-friendly approach to intermediary liability. Moreover, the Supreme Court of Canada has ruled that fair dealing is a user’s right that should be interpreted in a broad and liberal manner, leading to results that affirm a balance to copyright. The reforms have had a significant impact on educational uses, providing a potential model for others to adopt.

16h00 Introduction
16h05 - 16h25 EU Copyright Reform: obstacles and possibilities, Teresa Nobre (CC Portugal/Communia)
16h25 - 16h45 Tales from the Australian Copyright Law Reform Debate, Delia Browne (CC Australia/Australian National Copyright Unit) 
16h45 - 17h05 Fair For All: How Canada Crafted a Balanced Copyright Law, Michael Geist (University of Ottawa)
17h05 - 17h30 Debate

avatar for Lisette Kalshoven

Lisette Kalshoven

Advisor copyright, heritage and open education, Communia Association
Lisette Kalshoven is advisor at Kennisland in the areas of copyright, heritage and open education. She combines writing policy documents with practical interventions and training sessions for professionals. Creating access to information is always the reference point in her work... Read More →

avatar for Delia Browne

Delia Browne

National Copyright Director, National Copyright Unit
Delia joined the CC Board of Directors in 2018. She is a highly respected copyright lawyer and policy advocate who leads the National Copyright Unit (NCU) providing specialist copyright advice to Australian Schools and Technical and Further Education (TAFE) institutes with a focus... Read More →
avatar for Teresa Nobre

Teresa Nobre

Teresa is an attorney-at-law based in Lisbon, Portugal, and a legal expert on copyright at Communia International Association on the Digital Public Domain. She is also Creative Commons Portugal Lead. She coordinated the research projects Mapping Copyright Exceptions and Limitations... Read More →

Friday April 28, 2017 16:00 - 17:30 EDT
SoCo Ballroom (section A)