- 2 -
Does the definition of “Copy” in the AUCC model licence mean that AUCC acceptsthat posting a hyperlink to a digital copy is the same as authorizing the making of acopy and requires a licence?
Despite the ruling of the Supreme Court of Canada in a recent defamation case,
Crookes v. Newton
, it is still an open issue in Canadian law whether posting a hyperlink could make aperson liable for authorizing the copying of the digital work. The definition of “Copy” in themodel licence makes the licence and the indemnity very broad in scope. Another provision in the model licence clarifies that AUCC has accepted this definition on a“without prejudice” basis and reserves the right to take a different position on the meaning of the term in any other proceeding.
Does the model licence require that royalties be paid for copying that may be done without permission, e.g. fair dealing?
The payment under the licence is not for copying that may by done without permission. Thepreamble on the first page of the model licence states clearly that the licence does not apply to copying under fair dealing or any other statutory exception. Nor does the licence paymentcover uses that are licenced directly from publishers or other copyright collectives.
Would it have been better to wait until after Bill C-11, the
Copyright Modernization Act
, becomes law and the Supreme Court of Canada rules on fair dealing in K-12schools before AUCC settled with Access Copyright?
Bill C-11 and the upcoming Supreme Court decision on fair dealing are unlikely to affect theneed to secure a licence for copying required readings for students for inclusion either incourse packs or on course websites. Required readings is the principal category of copying covered by the model blanket licence agreement.
Will the proposed survey under the AUCC model licence permit Access Copyright tomonitor the electronic correspondence of students and faculty?
The proposed survey under the AUCC model licence will respect the principles of academicfreedom and privacy. The agreement explicitly states that the survey will not provide accessto chat rooms or e-mails of the AUCC member, or of its students or academic staff. The