Book Publishers Whine To USTR That It's Just Not Fair That Canada Recognizes Fair Dealing For Educational Purposes

from the you-know,-like-US-law dept

A few years ago, Canada’s Supreme Court made it clear that “fair dealing” should be applied broadly, especially in educational settings. Fair dealing, of course, is similar to fair use — and, in the US, in theory, educational uses are also supposed to qualify for fair use. As Section 107 of the US Copyright Act states:

The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include?

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

Thus, it seems like the Canadian interpretation is very much in line with the US’s statutory view of fair use. Of course, over the years, in the US, publishers have repeatedly chipped away at fair use, such that now that Canada has moved to a position more akin to what the US’s is supposed to be, those same publishers are absolutely flipping out. Last year, we noted that those US publishers submitted a recommendation to the USTR claiming that fair dealing in Canada was simply piracy. This was the publishers’ submission to the USTR for consideration in preparing its annual Special 301 Report.

Apparently, this “fair dealing = piracy” argument didn’t play well enough at the USTR and didn’t make this year’s Special 301 charade. So, the publishers are pissed. Or so reports a recent bit in Politico’s Morning Trade (I’d link to the actual story, but Politico apparently doesn’t believe in making it easy to permalink to its Morning Trade tidbits, so it’s no longer there), where it notes they’ve asked the deputy USTR (and former BSA boss) to do something.

Deputy U.S. Trade Representative Robert Holleyman is traveling to New York today to attend the opening ceremony of BookExpo America, put on by the Association of American Publishers. The industry group is steamed over USTR?s failure in a recent report to confront what it regards as Canada?s overly broad copyright exception for educational purposes. ?Active engagement by the U.S. and Canada to remedy the damage should not be put off any longer,? the AAP said.

Think about that for a second. Here are American publishers flat out complaining about Canada setting up its laws to help people get educated. Do these publishers think even in the slightest about the kind of message they’re sending out? “Fuck educating children — we want more money.”

Filed Under: , , , , , ,
Companies: association of american publishers

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Book Publishers Whine To USTR That It's Just Not Fair That Canada Recognizes Fair Dealing For Educational Purposes”

Subscribe: RSS Leave a comment
32 Comments
That One Guy (profile) says:

No such thing as 'Too low'

Keep in mind, in the minds of maximalists, libraries are huge dens of thieves for allowing people to read books without having to buy them first, and anyone who listens to music, in any fashion, without paying for each song is stealing it.

“Screw education, we got to get paid” is perfectly in line with the maximalist stance on the matter.

Joe says:

Techdirt Swearing stats

I get Techdirt by RSS so I had some fun checking out which author has the biggest potty mouth.

This is highly (non) scientific based on what stories were in my RSS folder this afternoon.

Pics or it didn’t happen – http://imgur.com/a/VhMxm

Bullshit
Mike Masnick – 9
Karl Bode – 6
Tim Cushing – 6
Timothy Geigner – 3
Leigh Beadon – 1
Michael Ho – 0

Fuck
Mike Masnick – 6
Karl Bode – 0
Tim Cushing – 6
Timothy Geigner – 3
Leigh Beadon – 2
Michael Ho – 1

Shit
Mike Masnick – 13
Karl Bode – 10
Tim Cushing – 10
Timothy Geigner – 9
Leigh Beadon – 1
Michael Ho – 0

Conclusions

1. Michael Ho’s mother reads all of his articles.

2. Karl Bode doesn’t like the F word.

3. Mike and Tim C are part time sailors.

Side note: stats for the word ‘shit’ include it’s presence in the term ‘bullshit’. So of the 13 times Mike said ‘shit’, only 4 of those were plain old ‘shit’, indicating a 69.2% preference for ‘bullshit’.

Anonymous Coward says:

Re: Techdirt Swearing stats

HA! Now and then some wit SKEWERS Techdirt better than I ever can!

They’re 40-year-olds going on 13, still think that vulgar words have effect. — Well, does, such as driving away the few women. — I meant Techdirt writers actually believe that jamming in UNNECESSARY vulgar words improve a piece which at same they believe “professional”! It’s a faith-based cult.

And it’s been a month of few and trivial re-writes.

Gwiz (profile) says:

Re: Re: Techdirt Swearing stats

…still think that vulgar words have effect. — Well, does, such as driving away the few women.

Blue asserts this like it’s some sort of proven fact.

Personally, I’m not so convinced that Techdirt’s female readers are so easily offended by a bit of salty language here and there.

However, I am curious, so perhaps some of you ladies could weigh in this issue?

sorrykb (profile) says:

Re: Re: Re: Techdirt Swearing stats

Personally, I’m not so convinced that Techdirt’s female readers are so easily offended by a bit of salty language here and there.

However, I am curious, so perhaps some of you ladies could weigh in this issue?

OK, as a woman who’s a regular reader here, I’ll weigh in on this:
There are plenty of offensive things in this world. (This site deals with a fair number of them.) Salty language — in itself — isn’t one of them.

I still think profanity is most powerful when used sparingly. In my offline life I very rarely swear. When I do, the people who know me pay attention.

On the other hand, I’ve known a few people — women and men alike — whose skillful use of profanity truly qualifies as art. NSFW, perhaps, but very entertaining.

And regardless, sometimes a situation is so messed up that you just need to say…
Fuck that shit.

Anonymous Coward says:

Re: Techdirt Swearing stats

Well done, and good point. I love Techdirt, but the rampant profanity eliminates any chance the site has for a measure of gravitas.

We all feel frustration and outrage about what goes on, but somehow all the cursing does is make the author seem out of control.

Gwiz says:

Pirate Mike is again spamming up SuprBay!

https://pirates-forum.org/Thread-Assoc-of-American-Publishers-Fuck-educating-children-we-want-more-money?pid=104392#pid104392
This is how it appears on level up and the page:
Assoc. of American Publishers: “Fuck educating children — we want more money.”

QUOTE MARKS MEAN VERBATIM, SO YOUR HEADLINE AT SUPRBAY LIES.
I think that’s defamation and that you should remove those quote marks.

Gwiz (profile) says:

Re: Re: Re:

Still using someone else’s moniker? You filthy pirate, you.

What is even funnier is that in the past Blue himself has stated that he believes that someone commenting with his unregistered screenname is committing fraud and that Mike should do something about it.

Checkout this thread from when we had a couple of different people using the out_of_the_blue moniker just to annoy him:

https://www.techdirt.com/articles/20130227/14231422143/comcast-we-wont-terminate-your-account-under-six-strikes-well-just-block-every-single-website.shtml#c735

Anonymous Coward says:

Re: Re: Re: Re:

I think the most hilarious point of it all is that he either thinks that it’s working to throw attention away from the out_of_the_blue moniker, or he thinks it’s having any effect on the site’s operations.

But yeah, it’s funny that he claims that using his unregistered pseudonym is fraud, he staunchly refuses to “commit fraud” – and two years down the road, look where he is.

Idiocy comes full circle.

Add Your Comment

Your email address will not be published.

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...