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ERIC Number: EJ1016625
Record Type: Journal
Publication Date: 2013
Pages: 11
Abstractor: As Provided
ISSN: ISSN-1918-2902
The Copyright Modernization Act: A Guide for Post-Secondary Instructors
Soper, Devin
Canadian Journal for the Scholarship of Teaching and Learning, v4 n1 Article 6 2013
In November 2012, the educational provisions of the Copyright Modernization Act were proclaimed in force, thereby introducing a number of significant changes to the Canadian Copyright Act. These changes include the expansion of fair dealing to include the purpose of education, the addition of new educational exceptions for the online transmission of lessons and the use of work freely available through the internet, and a number of amendments that make existing educational exceptions more technologically accommodating. This paper considers the significance of these changes for post-secondary instructors, first contextualizing the changes in relation to recent fair dealing jurisprudence, and then considering their significance for everyday instructional practice. Drawing on influential court decisions and the commentary of academics and lawyers, the paper not only describes how the changes to the Copyright Act have expanded the rights and exceptions available to instructors, but also identifies a number of unresolved questions about how the changes should be applied in practice. Despite these areas of uncertainty, the paper concludes that the changes bode well for post-secondary instructors, as they relax many long-standing restrictions around the use of copyrighted works for educational purposes.
Society for Teaching and Learning in Higher Education. Mills Memorial Library Room 504, McMaster University, 1280 Main Street West, Hamilton, ON L8S 4L6, Canada. Tel: 905-525-9140; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Evaluative
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Canada
Grant or Contract Numbers: N/A