Fair Dealing’s Halls of F/Sh/ame
On May 15, 2012 the University of British Columbia announced that it would not sign a license agreement with Access Copyright, and immediately was inducted into Canada’s Fair Dealing Hall of Fame.
“We believe we are taking the bolder, more principled and sustainable option, which best serves the fundamental and long-term interests of our academic community”, said David H. Farrar, Provost and Vice President Academic (Vancouver) and Doug Owram, Deputy Vice Chancellor and Principal (Okanagan). Yes, you are.
Universities who decided to sign a letter-of-intent to sign a license agreement with Access Copyright but have not yet signed the agreement will be listed in the Purgatory
(aka Hall of Lame). If they decide to follow UBC’s lead they will be inducted into the Hall of Fame. Otherwise, they will join UofT and Western at the Hall of Shame.
UPDATE: Yesterday I added the deisgnation of “Hall of Lame” to the universities that haven’t decided yet, but after further thought, I’ve decided to remove it, because I realized that despite the nice rhyme with shame and fame, this designation is actually unfair towards the three universities that appear on that list. In fact, the only reason that these institutions appear on that list is that they have publicly announced that they had signed the “letter of intent” while conducting wide consultations. Queen’s University has even set up an internal website for the consultation. This type of consultation is commendable and lame it is not. So I’m happily giving up the rhyme and apologize.
Hall of Fame
|University Name||Inducted||More info|
|University of British Columbia||May 15, 2012||Announcement|
|Athabasca University||May 17, 2012||Announcement|
|University of Windsor||May 18, 2012||Announcement|
|University of Winnipeg||May 19, 2012||From Winnipeg Free Press|
|York University||May 29, 2012||Announcement|
|University of New Brunswick||May 30, 2012||Announcement|
|University of Waterloo||June 7, 2012||Announcement|
|Mount Royal University||June 8, 2012||Unofficial report|
|Trent University||June 26, 2012||Announcement|
|Memorial University||June 28, 2012||Announcement|
|Carleton University||June 28, 2010||Announcement|
|Royal Roads University||June 28, 2012||Announcement|
|University of Saskatchewan||Not confirmed||Announcement|
|Queen's University||June 28, 2012||Announcement|
|University of Guelph||June 29, 2012||Announcement|
|University of Northern British Columbia||June 29, 2012||Announcement|
|University of PEI||Aug 22, 2012||Notice|
|University of Calgary||Aug 27, 2012||Announcement|
|Simon Fraser University||Sept. 6, 2012|
|University Name||Entered||More Info|
|University of Toronto||June 7, 2013||The University of Toronto Leaves Hall of Shame: On the Road to Deserved Fame|
|University of Western Ontario||June 7, 2013||No renewal for current Access Copyright deal|
Hall of Shame
|University Name||Inducted||More Info||Students pay?|
|University of Toronto (temporarily out: June 7, 2013)||Jan 30, 2012
Update: On June 7, 2013 UofT left the House of Shame and moved to the Purgatory.
See update from June 7, 2013
|University of Western Ontario (temporarily out: June 2013)||Jan 30, 2012
Update: Circa June 7, 2013 Western left the House of Shame and moved to the Purgatory.
See update from June 10, 2013
|University of Manitoba||May 3, 2012||Media release||No|
|University of Victoria||May 17, 2012||Shame with chance of parole. "The decision to opt into the license was taken reluctantly ...." Media release||N/A|
|McMaster University||June 25,2012||N/A|
|Mount Allison University||June 21, 2012||See comment below||N/A|
|Laurentian University||June 22, 2012||See tweet||Yes|
|Dalhousie University||June 25, 2012||According to an email that was forwarded to me Dal explains that: "At a fee of $26 per full-time student (which will not be passed on to students in the 2012/2013 academic year), the licence is costly and covers many rights the University already has under copyright legislation or has obtained through licence agreements with publishers. There are other issues with some of the specific terms of the licence as well. Dalhousie has agreed to sign the licence (which expires in 2015), as an interim solution meant to mitigate the risk of litigation from Access Copyright while the University completes the development of a copyright compliance framework that will assist all members of the University community in meeting their shared obligation to respect the rights of copyright-holders in their use of material for research, teaching and learning." Final grade: Shame Minus.||No|
|Kwantlen Polytechnic||June 26, 2012||See comment below||N/A|
|Emily Carr University of Art + Design||June 28, 2012||Reluctantly. "Our intention is to operate under the model license for the next three years, as we continue to develop our internal processes and work with our peer institutions in the province and across Canada, so that we can operate without the license after it expires"||N/A|
|University of Ottawa||June 29, 2012||Media release "The University is committed to having a framework in place by the end of 2015 to act independently of the license. This work has already begun.”||Full time students pay $11.00 per session, part time students will pay $5.00 per session and the university will continue to pay $3.38 per year per student.|
|Acadia University||June 26, 2012||N/A||N/A|
|Wilfrid Laurier University||July 3, 2012||Media release||80% Students; 20% University|
|University of Lethbridge||Announcement|
|Lakehead University||June 29, 2012||Media release|
|Brock University||July 5, 2012||Announcement||N/A|
|Ryerson University||July 1, 2012||Announcement||N/A|
|University of Regina||July 24, 2012||No official announcement, but see this document.||N/A|
|Mount Saint Vincent University||Not confirmed||N/A|
|University of Alberta||June 30, 2012||Announcement||N/A|
|Thompson Rivers University||Aug 22, 2012||Notice||N/A|
When you pick a public fight with the President of a university on their own turf, you have to expect to get burned. Huge cheers to UBC for listening to their library and taking the academic approach to intellectual property.
I hope Athabasca University and a number of eastern schools will be joining the hall of fame shortly.
It’s official: Athabasca Univeristy will not sign on with Access Copyright: http://president.athabascau.ca/messages/index.php?id=109.
Thanks for putting this together, Ariel. You’ve lent an amusing air to a situation that is in turns encouraging (“Awesome, another non-signer!”) and baffling (“Why, why would anyone sign this?!!”).
Article on MacMaster’s agreement http://www.thespec.com/news/local/article/740311–copyright-agreement-controversial-at-mac
Mount Allison University in Sackville, New Brunswick can be added to the Hall of Shame. There has been no official announcement but it was confirmed at meetings of both the Senate and Board that Mount Allison will sign on to the agreement.
Ditto for Kwantlen Polytechnic. No official announcement, but BoG & Senate have been informed that we’re signing. We at the student association have raised the common criticisms and received the common (weak) answers from administrators.
Kwantlen is, in fact, the university that I recently wrote about that apparently believes that it must pay Access Copyright for fair dealing. It says in its guidelines:
“The Canadian Copyright Act indicates that the copying of a work for the purpose of research, private study, criticism, review, or news reporting is justified as Fair Dealing. This applies to all works and does not require permission from the rights holder. Kwantlen Polytechnic University remits an annual fee (based on FTE) to account for this type of copying.”
See:Repeat After Me: “Fair Dealing Does Not Require Payment – Even to Access Copyright” http://bit.ly/LizoSK
Memorial University has declared they will not be signing on to Access Copyright, see the press release below: http://today.mun.ca/news.php?news_id=7462
Memorial needs to be removed from Purgatory. Just saying.
Removed and redeemed. Thanks.
So, only 4 universities in Canada are actually supporting this model agreement (UofT,WU,UoMan,Laurentian). The other shamed universities all seem to be signing reluctantly to give themselves time to get out of it.
So, who is AUCC representing?
Rory, I would certainly put McMaster in with that group as well!
The University of New Brunswick has officially announced that it will not be signing the AUCC deal with Access Copyright. See this announcement.
Mount Allison will not be making a public announcement on their signing the license, but the CBC has confirmed it here: http://www.cbc.ca/news/canada/new-brunswick/story/2012/07/05/nb-unb-copyright-access-1149.html
Majority of Canadian universities sign licence with Access Copyright. Significant minority decide to go it alone. (University Affairs)