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The (unofficial) blog of the BCLA Information Policy Committee
This is not a formal report by any means, but a bit of a recap of some IPC-related activities at this year’s BCLA conference. Feel free to add information in the comments or on Twitter about info-policy related activities you participated in as well.
We start achronologically with the BCLA Annual General Meeting on Saturday morning. The IPC had two resolutions on the table: one condemning the muzzling of government employees meant to provide a “[f]ramework for activism to support employees of Library and Archives Canada, employees of other government libraries, and government scientists” and one commending the life and work of Aaron Swartz. Both resolutions passed but there was a significant moment when our chair was asked what exactly the point of the Aaron Swartz resolution was, what would happen because of it? Our chair responded that this was something to do to show people in the future that yes librarians care about this kind of stuff, we don’t just remain silent, and it was also a decent human thing to do.
— erinzee (@zeeerin) May 11, 2013
Outside the AGM, IPC partnered up with Steve Anderson from OpenMedia.ca to talk about netroots advocacy and the kinds of things librarians can do to get involved. Steve took us through the activities his organization has been involved in, which involved a healthy amount of meme-ification. Canadians do care about a neutral internet even if they don’t think about it, and Myron pushed the attendees to educate ourselves so we can talk about these issues with our members who would be affected by online spying bills, predatory pricing and undemocratic international agreements (read: everyone). And Barbara Jo May made sure we were optimistic in our abilities to make change in our world.
— Maryann Kempthorne (@maryakem) May 11, 2013
On Friday night the Hot Topics panel got heated near the end which was probably to be expected with a librarian, an information ethics specialist plus two panel members were current/former board members of Access Copyright. The discussion began with Rowland Lorimer explaining to the audience that “a book is just a license in physical form.” Kevin Williams from Talonbooks talked about the challenges of copyright and digital sales in a changing marketplace and Tara Robertson talked about the ridiculous workflows imposed on her job of making accessible versions of textbooks for Langara’s students. I feel that the panel didn’t quite get into the back and forth the way I’d hoped. I think Micheal Vonn’s views on privacy and whether it is possible to be an ethical stealer of information would have been worthwhile to learn about. It was interesting to see people with a stake in the Access Copyright regime defend their York lawsuit and deny that the supreme court had actually ruled on fair dealing, but that occupied only the very end of the presentation (before Tara suggested continuing the discussion over beer).
— Franklin Sayre (@fsayre) May 11, 2013
Outside of Info Policy specific events, Phil Hall‘s Friday session entitled “Are We Irrelevant Yet?” had a good test for what makes us relevant. Librarianship is about an X and a Y added together. The X is “information transfer/empowering people to use information” or whatever your preferred definition is (mine is “facilitating knowledge creation”) and Y is “anything else.” I appreciated that as a way of deciding what we should be doing in our libraries and in our librarianly lives, really. It gives us a way to say that yes, advocating for laws that help us empower people is part of being a librarian, saying yes LAC employees speaking at conferences and sharing the knowledge of their specific Y contexts is hugely important (and shouldn’t be smothered by terrible codes of conduct). Maybe this is a bit of a stretch, but it was a way for me to look at this information policy stuff we go on about and how to explain its connection to day-to-day work in a library serving the public (which I’m lucky enough to do).
Of course, meeting up with librarian colleagues and talking about the shit (cool, bad or otherwise) going down in the world today was a big part of what these conferences are about. I come out of the conference excited to be doing more work with IPC this year and hope you do too.
Granted, I have a bit of a soft spot for fake dialogues with long-dead philosophers, but I still think that Ariel Katz‘s “Locke and I” (in three parts: 1: A Lazy, Ignorant Company of Stationers, To Say No Worse of Them, 2: Scholars are Subjected to the Power of These Dull Wretches, 3: The Company of Stationers Minding Nothing But What Makes for Their Monopoly) is something you should read if you’re interested in the Access Copyright and why its business model includes suing educational institutions. It’s funny, conversationally-written and provides a lot of broader historical legal context to the mess (including a bunch of things we’ve linked to here on the blog and more). Definitely check it out.
We’ve had a week of responses to the Access Copyright (AC) lawsuit against York University, and predictably they haven’t been very supportive of AC’s decision to defend what the Canadian Federation of Students calls “obsolete licensing agreements” and “archaic models.” Canadian Association of Research Libraries (CARL) President Thomas Hickerson said in CARL’s statement,
Access Copyright’s action seems to question rather clear copyright law and jurisprudence, and feels very much like an attempt to intimidate universities into buying their blanket licence.
But why would AC need to be intimidating institutions into using its services? A big answer to that question comes from the Supreme Court’s 2012 decisions supporting Fair Dealing for education. It was these rulings that undermined AC’s business model by supporting a more open approach to copyright in educational matters. In those rulings, as Howard Knopf pointed out at the time:
- Collectives cannot assume that they will be entitled to an additional “layer” of remunerated rights every time there is a new method of delivery. Technological neutrality matters.
- The Court said what it meant and meant what is said in CCH v. LSUC in 2004 and will move forward from there – not be pushed backwards. Users have rights that must be given a “large and liberal interpretation”. Copyright doesn’t exist solely for collectives.
- Educators are in a “symbiotic” relationship with students and the Copyright Act serves the goal of education, which includes access to essential material. “Instruction and research/private study are, in the school context, tautological.”
There’s much more at that link highlighting the kinds of things that in this lawsuit Access Copyright seems to be pretending the court did not say.
Last summer Michael Geist also took a closer look at what those Supreme Court cases meant:
Led by Justice Abella, the court has reaffirmed that fair dealing is a user’s right that must be interpreted in a broad and liberal manner. In fact, the court provides further guidance on interpreting fair dealing with an emphasis on the need for a flexible, technology-neutral approach. In reading the decisions in the Access Copyright and song previews cases, it is hard to imagine a bigger victory for education, Internet users, and innovative companies.
That victory for Fair Dealing and education in general was last year though, and maybe we’ve seen a huge amount of terrible activity at York University since then to justify lawsuits? Nope. As AC’s statement says, its “legal actions signal to institutions that we continue to strongly disagree with their interpretation of the law.” This is not a case of specific infringement, but a policy disagreement that is leading AC to spend the money it makes from its members litigating educational institutions.
The Canadian Association of University Teachers (CAUT) issued a letter to Access Copyright noting that AC’s lawsuit is not in the service of education:
As we have explained, the availability of new contractual models (specifically site licenses directly between content providers and academic institutions), modes of scholarly communication (Open Access publishing), and user rights (the CCH and Alberta decisions and Bill C-11) has had a profound impact on the utility of Access’s services in the post-secondary education sector. It is now clear that Access Copyright’s only plan is to try to hang on to the past. This serves no one well.
And that’s really the problem with this whole thing. Suing people/educational institutions to protect a business model is not a way to help students and scholars. In CARL’s statement Brent Roe said,
[Fair dealing] unlocks knowledge for generations of students, who are the future of innovative research. Education as fair dealing must be protected against predatory lawsuits.
That is a position that we totally support.
Since we posted about it last night, Michael Geist has written specifically about this new lawsuit by Access Copyright against York University, and Howard Knopf has a post about the tariffs mentioned in the press release has posted a copy of the Statement of Claim in the lawsuit.
The Canadian Association of Professional Academic Librarians has released a short statement, which also linked to the Canadian Association of University Teachers’ analysis of Access Copyright’s bad deal for education.
Also, it’s probably worth noting that BCLA wrote a letter to BC College and University presidents (PDF) in 2012 about Access Copyright, and made a resolution on the matter (PDF) too.
If you care about copyright enforcement in Canada you probably noticed a little news piece today. Access Copyright is suing York University for not signing onto its agreement. Or, in their words “York’s purported fair dealing guidelines authorize and encourage copying that is not supported by the law, and that there is no justification for the University to operate outside the interim tariff.” You can check out York’s fair dealing guidelines on their website.
To really get into the meat of this would require someone with more knowledge of the documents than me, but I just want to highlight the language used. As well as saying this is “a last resort” AC’s press release includes the following sentences:
But for those institutions that have walked away from our shared interests of reading, writing and learning, there are ramifications. … On behalf of writers and publishers, as well as those who need the materials they produce, Access Copyright is taking a stand.
Maybe that kind of rhetoric is normal in press releases, but it sounds almost parodic ominous supervillainy to me. Also the funding sources for this lawsuit aren’t lost on information professionals:
I’m pleased that by signing on with AC we’ve helped fund this lawsuit against York and others </sarcasm>
— Ian Gibson (@IanGibson11) April 8, 2013
If you want some more detail Michael Geist has been writing about this issue for quite some time, looking at such things as the Supreme Court’s thoughts on how to assess fair dealing in Canada, why the Access Copyright model provides little value, and how the Supreme Court’s decision eviscerated Access Copyright’s business model.
We’ll try to keep you informed as this issue progresses.