Fair Dealing’s Halls of Fame and Shame – 2013 Holiday Edition
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, they did.Since then I tried keeping an updated tally of the universities that have entered into a license agreement with Access Copyright and those who have not.
Today, the University of Toronto announced that “despite good faith efforts by both parties [i.e., UofT and Access Copyright], we have been unable to reach an agreement with Access Copyright for a renewal of the current License at a price that we believe fairly values the service that Access Copyright provides.” According to UofT’s Vice-President and Provost Cheryl Regher, UofT “sought to obtain a License that reflected the significant evolution in copyright regulation that has occurred over the term of the current License, including the amendments to the Copyright Act in 2012, and the Supreme Court’s expansive approach to the user right of fair dealing in its 2012 decisions. We also tried to obtain a royalty rate that took into account changing technology, increased availability of Open Access material, changing publishing practices, and changing user expectations. This outcome means that, in the year ahead, the University will be operating for the first time in many years without a License with Access Copyright.”
Today I am very proud of my university, its legal advisers, librarians, and countless other faculty, staff, and students who advocated for this outcome. I haven’t seen Western’s announcement yet, but Access Copyright’s announcement indicates that Western is out too. Congratulations, Western! Therefore, the induction of these two important universities into the Hall of Fame justifies providing an updated list of the inhabitants of each hall.
The list below is based on Access Copyright’s submissions to the Copyright Board from Sept. 13, 2013. The only change is in UofT and Western’s location.
The current total score is: Fame – 22; Shame – 35. Note, however, that this reflects only the number of institutions. The total score may look differently if it reflected the size of the institution or other measures.
Scroll down to the bottom of the page for a special holiday bonus.
Update (Sept. 29, 2015): The University of Ottawa announced that it had decided not to renew its licence with Access Copyright and that beginning on January 1st, 2016, the University will be operating without such a licence. Fame: 23; Shame: 34.
Update (Sept. 30, 2015): The University of Alberta announced that it had decided not to renew its licence with Access Copyright which expires December 31, 2015. Fame: 24; Shame: 33.
Update (Oct. 2, 2015): The University of Victoria announced that it had decided not to renew its licence with Access Copyright which expires December 31, 2015. Fame: 25; Shame: 32.
| Hall of Fame | Hall of Shame | ||
|---|---|---|---|
| Carleton University | Acadia University | ||
| Athabasca University | Algoma University | ||
| Memorial University of Newfoundland | Brandon University | ||
| Mount Royal University | |||
| Nova Scotia College of Art & Design | Canadian Mennonite University | ||
| Queen's University at Kingston | Concordia University College of Alberta | ||
| Royal Roads University | Dalhousie Univ., Faculty of Agriculture (Nova Scotia Agricultural College | ||
| Simon Fraser University | Dalhousie University | ||
| Trent University | Emily Carr University of Art & Design | ||
| University of British Columbia | King's University College | ||
| University of Calgary | Lakehead University | ||
| University of Guelph | Laurentian University | ||
| University of New Brunswick | |||
| University of Northern British Columbia | Mount Allison University | ||
| University of Prince Edward Island | Mount Saint Vincent University | ||
| University of Saskatchewan | Nipissing University | ||
| University of Waterloo | Ontario College of Art and Design | ||
| University of Windsor | Redeemer University College | ||
| University of Winnipeg | |||
| York University | Saint Mary's University | ||
| University of Toronto | St. Francis Xavier University | ||
| University of Western Ontario | St. Thomas University | ||
| Recent fame inductees (fall 2015) | Thompson Rivers University | ||
| University of Ottawa | Trinity Western University | ||
| University of Alberta | Univ. of Ontario Institute of Technology | ||
| University of Victoria | Universite de Moncton | ||
| Ryerson University | University of King's College | ||
| McMaster University | University of Lethbridge | ||
| University of Manitoba | |||
| Brock University | University of Regina | ||
| University of Sudbury | |||
| Wilfrid Laurier University | |||
| Total | 29 | Total | 28 |
Holiday idea: instead of just reading this post, print it and make festive holiday decorations.
is it really productive to keep posting this list of hall of fame/shame? We are all trying to work this out to our best under the current circumstances at our respective institutions. Let’s have more discussions to educate ourselves/ sharing information, etc. instead of using negative comments.
The purposes of this post were (1) to respond to several requests to update my earlier list; (2) to praise (again) UBC for its pioneer move in 2012; (3) to praise UofT and Western for moving in the right direction; (4) and remind that other universities still refuse to assert their rights and let fear and doubt lead their way. This post is part of my efforts to engage in discussions of the kind you seem to be interested in, and I believe that healthy and productive discussions benefit from avoiding euphemisms and require calling what’s right right, and what’s wrong wrong.
And those who unfortunately signed are shunned without any recourse until the license runs its course yet many of them are working hard on their campuses to repair the error of their ways. They remain locked up in the public square to be shamed by many who have no idea as to their efforts. Time to move on.
I hear you Todd. I know exactly how frustrating it is to work in an institution that locked itself into a bad deal with AC despite all your efforts. I know that because I work in the university that has built the House of Shame, and it took two more years and a lot of effort on my part and many others until it moved from shame to fame today. And yes, I believe that the criticism that UofT received for its unfortunate decision from within the university and from outside it has an important factor in its decision to change course. I know how hard it may be to effectuate change in the face of fear and doubt, and if there’s any way that I could help your and your colleagues in your efforts I’ll be happy to offer it. I have nothing but full respect to all the librarians, faculty members, student and staff who try to work behind the scenes of their institutions, and my criticism is directed only at your institutions’ actions.
With the failure of the Universities of Toronto and Western Ontario to come to an agreement with Access Copyright, the game is, effectively, over. Those institutions that signed the model licence followed U of T and UWO into a contractual arrangement, although one with an unfortunately longer term. It seems likely that they will, in two years, follow them out.