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

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 (2004).