On November 18, 2022 Access Copyright filed its latest proposed tariff for post-secondary copying by institutions outside of Quebec for the period January 1, 2024 to December 31, 2026. This proposal queues up behind two other post-secondary tariffs proposed by this collective for 2018-2020 and 2021-2023, which also await certification by the Copyright Board.
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Many, if not most, Canadian universities continue to follow institutional fair dealing guidelines that are modeled on the Fair dealing policy for universities developed by Universities Canada in 2012. Because Canadian copyright law continues to evolve and some important changes have occurred since 2012, whether those guidelines should be updated, and if so, how, is an open question. One institution recently answered this question in October 2022 by releasing updated guidelines and FAQ, which, in turn, has raised concerns about some unsettling aspects of those revisions.
On November 17, 2022 an Order in Council was signed that sets December 30, 2022 as the date on which Division 16 of the Budget Implementation Act, 2022, No. 1 comes into force. Division 16 comprises amendments to the Copyright Act, including extension of the general term of copyright from 50 to 70 years after the life of an author.
All original works by authors and creators who died in 1971 or earlier are in the public domain in Canada. Due to the December 30, 2022 amendment to the general term of copyright, however, no additional works will enter the public domain in Canada until January 1, 2043.
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