I’m no copyright lawyer, so I am throwing this out in hopes that others can help me understand one of the new clauses of Canada’s new copyright law, Bill C-11.
I was reading an excellent summary from Contact North on the implications for online and distance learning of Bill C-11 (HT to @veletsianos via Tony Bates blog for the lead), and, while the news seems quite good for educators in general, there was one clause that made me start seeking out more info.
The report notes that Bill C-11 has a distance learning provision, but (emphasis mine):
The implementation of a distance learning provision, though use of the exception features significant restrictions that require the destruction of lessons at the conclusion of the course.
Hmmm. Destruction of lessons at the conclusion of the course. Sounds ominous.
So, I went to the source (excuse the legalese here) and honed in on section 30, which begins by defining a lesson, which is really anything that uses content under the newly expanded fair use clause of Bill C-11
30.01 (1) For the purposes of this section, “lesson” means a lesson, test or examination, or part of one, in which, or during the course of which, an act is done in respect of a work or other subject-matter by an educational institution or a person acting under its authority that would otherwise be an infringement of copyright but is permitted under a limitation or exception under this Act.
The section goes on to state that a student can create a copy of that lesson, but the student has to destroy it 30 days after the course closes:
(5) It is not an infringement of copyright for a student who has received a lesson by means of communication by telecommunication under paragraph (3)(a) to reproduce the lesson in order to be able to listen to or view it at a more convenient time. However, the student shall destroy the reproduction within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations.
Okay, fair enough, I guess. But the kicker is the next section, which states:
(6) The educational institution and any person acting under its authority, except a student, shall
(a) destroy any fixation of the lesson within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations;
So, if I am reading this correctly, an educator who teaches an online course and who uses copyrighted content under the newly expanded definition of fair dealing (which is quite broad) will have to destroy that course material 30 days after the course ends? Am I reading this correctly?