Fair Dealing’s Halls of Fame and Shame – 2013 Holiday Edition
“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|