Access Copyright and Fair Dealing Guidelines in Higher Educational Institutions in Canada: A Survey

Abstract

Information about the acceptance by Canadian Higher Education Institutions (HEI) of the Access Copyright (AC) tariff is important for educators even though only a minority of HEIs in Canada have committed to the AC tariff. In addition, the copyright “pentalogy,” the five major decisions of the Supreme Court of Canada (SCC), and its interpretation of fair dealing has become relevant for the institutions, faculty and students. Many universities and community colleges in Canada have adopted the Universities Canada (UC) guidelines on fair dealing, while some have adopted the “six-point test” as their guideline. In some cases, institutions have not adopted any policy or guidelines on any aspect of copyright. This paper will investigate these issues to provide one view of the behaviour Canadian HEIs exhibit in their adherence to AC and their use of policy and guidelines at their institutions.