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61 Reforms to C-61, Day 53: Education Internet Exception Easily Avoided

By Michael Geist

Over the past two days, I've argued that the Internet exception for education is both unnecessary and potentially harmful.  It is also so easily avoided as to be almost useless.  As noted earlier, one way to avoid the exception is the use of DRM.  Another is to simply place a notice on the website.  Section 30.04 (4)(b) provides that the exception does not apply if:

a clearly visible notice - and not merely the copyright symbol - prohibiting that act is posted at the Internet site where the work or other subject-matter is posted or on the work or other subject-matter itself.

Section 30.04(6) says that the Governor in Council may make regulations prescribing what constitutes a clearly visible notice.  While we await those regulations, a clearly visible notice may be nothing more than the words "all rights reserved."  If so, CMEC and AUCC will have fought for an ill-advised exception that can be defeated with three simple words posted on the website.

Full post as published by Michael Geist on September 03, 2008 (boomark / email).