Media release

Copyright proposal threatens future Internet use in classrooms

Update copyright laws to allow use of Internet materials in education

OTTAWA, September 22, 2004 -- Changes to copyright law recommended by the House of Commons Standing Committee on Canadian Heritage would seriously hinder the use of the Internet for teaching and learning purposes, warn six national education groups representing the K-12 and postsecondary sectors. The Association of Canadian Community Colleges (ACCC), the Association of Universities and Colleges of Canada (AUCC), the Canadian Association of University Teachers (CAUT), the Canadian Teachers' Federation (CTF), the Canadian School Boards Association (CSBA), and the Copyright Consortium of the Council of Ministers of Education, Canada (CMEC), have come together to fight the changes proposed by the Heritage Committee in May.

Canada's copyright laws are currently being reviewed, and new digital copyright legislation is expected as early as this fall. The Canadian Heritage Committee has recommended to the federal government that a digital licensing regime be established that would force students and teachers to pay a fee to use, for educational purposes, material on the Internet that is currently freely available to the public.

"The Internet provides a wealth of free material that enriches classroom instruction and learning. Limiting access to the Internet will inhibit the learning potential of students and will result in a chilling effect on developing literacy skills, at a time when the acquisition of knowledge is universally recognized as the key to social and economic prosperity," says Harvey Weiner, Policy Advisor, Government and External Relations to the Canadian Teachers' Federation.

"Education organizations are seeking an education amendment to allow fair and reasonable use of 'publicly available' Internet materials. This type of amendment will strike the proper balance needed within the Copyright Act - to meet the needs of the users while recognizing the rights of the creators," says New Brunswick Education Minister Madeleine Dubé, chair of the Copyright Consortium of the Council of Ministers of Education, Canada (CMEC).

The six national education organizations urge the federal government to reject the Heritage Committee's recommendation and instead pursue a balanced approach to copyright law reforms that meets the needs of teachers and students while recognizing the rights of copyright owners. As one essential part of a balanced approach to copyright reform, the education organizations recommend that the government introduce an "educational amendment" into Canadian copyright law that would make it legal for students and teachers to engage in routine on-line uses of publicly available Internet materials in a program of learning.

At a press conference held in a classroom at Viscount Alexander Public School in Ottawa, representatives of the education groups demonstrated the problems with existing laws, as students copied and shared freely available Internet materials to complete a class project. Current copyright law makes it illegal for a student to engage in these routine learning activities or for a teacher to place an Internet article or image on a course Web site accessible only by students. The proposed "educational amendment" would rectify this situation while ensuring that Canada's copyright law remains compatible with the government's goals of promoting on-line learning and developing a knowledge-based economy.

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For further information:

See Statements by national education organizations
Read background note

and/or call

Lorna Malcolmson, ACCC, (613) 746-2222, ext. 3123
Steve Wills, AUCC, (613) 563-3961, ext. 234
Paul Jones, CAUT, (613) 820-2270, ext. 327
Cynthia Andrew, CSBA, 1-800-268-5194
Harvey Weiner, CTF, 1-866-283-1505, ext. 157
Boyd Pelley, CMEC, (416) 962-8100, ext. 241

Statements by the national education organizations

Gerry Brown, President of the Association for Canadian Community Colleges: "Payment for educational use of free Internet materials is unacceptable. Rapid advances in technology-enhanced learning demand Canadian laws be modernized so that schools and post-secondary institutions engaging in normal teaching and learning activities will not face the threat of lawsuits for copyright infringement. Our laws need to serve the public interest in permitting reasonable access to, and use of, Internet materials for the purposes of education, teaching, research and innovation, and the dissemination of knowledge. It's all about the ability of teachers and students to participate and learn using the Internet."

Steve Wills, Manager of Legal Affairs with the Association of Universities and Colleges of Canada: "A 2003 Industry Canada study assessed the economic impact of copyright reform on technology-enhanced learning and concluded that the education community's proposal would produce significant benefits and have negligible economic costs. The study found that a policy to facilitate access can have no impact on creative incentives where works have been produced without any expectation of compensation, which applies to most of the material on public Web sites. The study also concluded that the education community's proposal would support the development and growth of on- line learning and a knowledge-based economy."

Paul Jones, Director with the Canadian Association of University Teachers: "The proposed education amendment is not unconditional; it applies only to educational pursuits and to Internet materials that are publicly available. The amendment will not apply to such materials that are not freely accessible, which allows content creators and copyright owners to continue to sell and receive payment for their works as they intend. On the Internet, there are established protocols for copyright owners to receive payment. They do so, like the existing commercial enterprises receive payment, by using password-protected areas, or encryption, or other means, where the viewer will easily recognize there is cost and know how payment is to be made for the material."

Harvey Weiner, Policy Advisor, Government and External Relations to the Canadian Teachers' Federation: "The Internet is an invaluable learning tool and people should be able to use it without breaking the law. Students and teachers have integrated Internet materials as part of the learning experience. The Internet provides a wealth of free material that enriches classroom instruction and learning. Limiting access to the Internet will inhibit the learning potential of students and will result in a chilling effect on developing literacy skills, at a time when the acquisition of knowledge is universally recognized as the key to social and economic prosperity."

Gord Comeau, President of the Canadian School Boards Association: "Paying copyright fees for Internet materials that are available with no expectation of cost is inappropriate. The Internet has tremendous amounts of materials for free, that have been posted to be shared and not sold. The Internet is not a wholly commercial medium for copyright owners. It is and has always been, primarily, a communication medium intended to be free - more like a speaker's corner than a bookstore. For Canadians to have to pay for using publicly available, free Internet materials in a classroom is totally unacceptable."

New Brunswick Education Minister Madeleine Dubé, chair of the Copyright Consortium of the Council of Ministers of Education, Canada (CMEC): "Education organizations are seeking an education amendment to allow fair and reasonable use of 'publicly available' Internet materials. By distinguishing publicly available material from material requiring copyright royalties, Canadian students will be taught respect for copyright. This type of amendment will strike the proper balance needed within the Copyright Act - to meet the needs of the users while recognizing the rights of the creators."

Background Note

The Internet, copyright, and the educational needs of Canadian students and teachers

For Canadian students and teachers alike, reasonable access to Internet resources is a critical necessity for learning and teaching. Canada's current Copyright Act, however, makes it illegal for students and teachers to participate in routine classroom activities where they download, save, and share Internet text or images that were intended to be freely downloaded and distributed.

Copyright infringement is of key concern to educators and authorities across the country. The education sector believes that clarity and balance in the Copyright Act must be vigorously championed, such that copyright infringement is eliminated and that every student and teacher can be assured of timely and fair access to Internet materials.

To this end, six national educational organizations - the Association of Canadian Community Colleges, the Association of Universities and Colleges of Canada, the Canadian Association of University Teachers, the Canadian Teachers' Federation, the Canadian School Boards Association, and the Copyright Consortium of the Council of Ministers of Education, Canada (CMEC) - have proposed to the Government of Canada that it adopt an education amendment to the Copyright Act to permit the educational use of publicly available Internet materials. The proposed amendment is intended to address educational needs and ultimately clarify and enhance respect for copyright ownership on the Internet.

The proposed education amendment is limited in scope, in two respects:

1. It applies exclusively to participants in a program of learning under the authority of an educational institution. For example, the proposed amendment would permit students to use publicly available Internet materials by incorporating text or images in homework assignments, performing music or plays on-line for their peers, exchanging materials with teachers or peers, or re-posting a work on a restricted-access course Web site. To encourage copyright awareness and respect in all circumstances, students and educators would be required to cite the source of the Internet materials that they use.

2. It applies strictly to the use of publicly available materials on the Internet. Publicly available materials are those posted on-line by content creators and copyright owners without any technological protection measures, such as a password, encryption system, or similar technologies intended to limit access or distribution. These materials, intended to be widely accessed and shared, may include text, images, music recordings, audiovisual works, theatrical performances, or instructional demonstrations. The proposed education amendment will ensure that it is legal for students and educators to reasonably access and use publicly available Internet materials.

The proposed amendment will not exempt institutions from paying for digital materials such as purchasable CD-ROMS, subscription databases, licensed software, on-line courses, and other curriculum resources. Copyright owners who wish to sell or otherwise limit access and distribution of their digital or on-line materials can continue to do so through subscription, password, and payment technologies. The proposed education amendment will not apply to such materials that are not freely accessible, which allows content creators and copyright owners to continue to sell and receive payment for their works as they intend.

Rapid advances in technology-enhanced learning call for a modernized Copyright Act that serves the public interest in permitting reasonable access to, and use of, Internet materials for purposes such as education, teaching, research and innovation, and the dissemination of knowledge. In the absence of an education amendment, schools and postsecondary institutions across the country may be legally obliged to curtail Internet use in order to avoid liability. The imposition of legislated limitations on the access to and use of a tool as valuable as the Internet could ultimately compromise the quality of education in Canada.

The Government of Canada has announced its plan to reform the Copyright Act and table legislation relating to education and access. The education sector welcomes this focus on the needs of students and educators. National education organizations have long maintained that a modern and balanced copyright framework will protect the public interest. The need for such a framework has never been more important than now, when all levels of government are investing in connecting Canadians and promoting skills development and innovation.

By enacting balanced copyright legislation, addressing the needs of students and teachers, promoting access, and making other much needed updates, Canada has an extraordinary opportunity to enhance learning opportunities for generations to come.

It is crucial that forthcoming digital copyright legislation contain an amendment for the educational use of the Internet. The federal government's current review of the Canadian Copyright Act will include the writing of new digital copyright laws, which will set the parameters and conditions for the use of copyrighted Internet materials by Canadians. New legislation is expected in the House of Commons as early as this fall.