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Friday, May 27 • 10:45am - 11:15am
Exception v. License: Meera Nair

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With reference materials increasingly distributed via subscriptions for access to digital content, educational institutions risk losing the range of uses previously available when the material existed only in paper form. Although digital form enhances opportunities for use, some publishers limit unauthorized uses through license agreements. This is troubling as the Copyright Act expressly sanctions some unauthorized uses through statutory exceptions to copyright. 

Among these exceptions, fair dealing is the most prominent and most relied upon in educational settings. This presentation is based upon a draft paper which serves to frame the issue of restricted copying against fair dealing. Taking into consideration the history of prohibitive notices, the role of public policy, the history and practice of legislative amendment, and the various presumptions represented by the role of contract law, this author contends that fair dealing should prevail over specific clauses within license agreements that seemingly remove fair dealing from consideration.


Meera Nair

Copyright Officer, NAIT
Meera Nair holds a Ph.D. in communication, with a research focus upon systems of copyright. Her interest in intellectual property began via a BSc. in mathematics, which led to a decade in the area of technology transfer between academia and industry. Currently appointed as the Copyright Officer for NAIT (the Northern Alberta Institute of Technology), she has extensive understanding of the role of exceptions within Canadian copyright law. Author... Read More →

Friday May 27, 2016 10:45am - 11:15am
Imperial Ballroom

Attendees (29)