Copyright Codes of Best Practices for Media Access, Reuse and Preservation The Initial Stages Rumi Graham, University of Lethbridge Kate Langrell, University of Manitoba Taylor McPeak, Mount Royal University Don Taylor, Simon Fraser University ABC Copyright Conference June 21, 2024 Land Acknowledgement The University of Lethbridgeʼs Blackfoot name is Iniskim, meaning Sacred Buffalo Stone. The University of Lethbridge acknowledges and deeply appreciates the Siksikaitsitapii peoplesʼ connection to their traditional territory. We, as people living and benefiting from Blackfoot Confederacy traditional territory, honour the traditions of people who have cared for this land since time immemorial. We recognize the diverse population of Aboriginal peoples who attend the University of Lethbridge and the contributions these Aboriginal peoples have made in shaping and strengthening the University community in the past, present, and in the future. The University of Manitoba campuses are located on original lands of Anishinaabeg, Cree, Ojibwe-Cree, Dakota, and Dene peoples, and on the National Homeland of the Red River Métis. We respect the Treaties that were made on these territories, we acknowledge the harms and mistakes of the past, and we dedicate ourselves to move forward in partnership with Indigenous communities in a spirit of reconciliation and collaboration. Mount Royal University is located in the traditional territories of the Niitsitapi (Blackfoot) and the people of the Treaty 7 region in southern Alberta, which includes the Siksika, the Piikani, the Kainai, the Tsuut'ina and the Iyarhe Nakoda. We are situated on land where the Bow River meets the Elbow River. The traditional Blackfoot name of this place is "Mohkinstsis," which we now call the city of Calgary. The city of Calgary is also home to the Métis Nation. Simon Fraser University respectfully acknowledges the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh Úxwumixw (Squamish), səlilwətaɬ (Tsleil-Waututh), q̓íc̓ əy̓ (Katzie), kʷikʷəƛ̓əm (Kwikwetlem), Qayqayt, Kwantlen, Semiahmoo and Tsawwassen peoples on whose unceded traditional territories our three campuses reside. Outline 1. 2. 3. 4. 5. 6. 7. Case Discussion 1 Background & Context Issues & Barriers Case Discussion 2 Why Codes of Best Practices? Canadian Codes (So Far) Q&A Case Discussion 1 The setting: late March, classes resume following a 6-week faculty strike/lock-out, everyone scrambling to finish the much-shortened term The class: a 4th year film course requiring students to view and make class presentations on selected films all verified to be available online at the start of term The film: Image 1 Streaming source: Criterion- On-Demand Case Discussion 1 The crisis: the prof learns the link to the film no longer works; the film isnʼt accessible on any other streaming platform; film is needed next week for class presentations The solution: what options would you suggest to the faculty member as your institutionʼs copyright specialist? Background & Context - Summer 2021: Rumi Graham & Aaron Taylor presented at Film & Media Studies Association of Canada (FMSAC) Conference (Graham & Taylor, 2021). - Fall 2021: The Media Access & Copyright (MAC) Working Group is established. - Summer 2022: MAC prepares a report (Taylor et al., 2022), which identified 3 key areas of focus: a. b. c. - Advocacy Access/Exhibition Appropriation/Repurposing Spring 2023: Meera Nair and MAC publish a copyright advocacy brief (Nair, 2023). Background & Context - Major project goal: Develop two codes of best practices for media using and preserving media (one for academic librarians and one for media & communication scholars) - To support the project goal, a SSHRC Insight Grant application was submitted in late summer 2023. Issues & Barriers - Growing precarity of reliable access to essential works. - Practices of personal subscription streaming companies disregard access while both personal and institutional subscription streaming companies disregard long-term access and preservation. - Instructors and students want streaming access for everything. - Instructors are increasingly confused about, and fearful to apply, the same fair dealing exceptions to media that they apply when copying textual works. Case Discussion 2 The setting: Retired Simon Fraser University prof making a film. Docu-drama. Self-funded plus BC Arts Council funding. Intended for film festival and educational screenings. The need: wants to incorporate existing video works into the film. ● 1969 US President news conference audio(19secs) from UPI. ● 1969 Tom Hayden press conference (47 secs). ● Footage of live fire anti-aircraft test (8 secs). Will be altered. Original footage posted to YouTube. Image 2 Case Discussion 2 The issues: Minimal budget. Impossible to find rights holders for Tom Hayden clip. Can fair dealing apply to any of the uses? What is the risk of not obtaining permission for all the clips? Image 3 The solution: what options would you suggest to the faculty member as your institutionʼs copyright specialist? Image 4 Best Practices Codes - Avoids some drawbacks of top-down guidelines. - Codes reflect common, highly relevant use scenarios. - Undue risk aversion is minimized while the prospect of code adoption is maximized, as members participating in the development process have opportunities to become invested in the code. - Importance of working with the practitioner community. Best Practices Codes - Even the SCC noted the potential for the “custom or practice in a particular trade or industry” (CCH Canadian Ltd v. Law Society of Upper Canada, 2004) to be a relevant fair dealing consideration. - Best practices can even influence the practices of other related industries. - Ex. The fair use best practices code developed by U.S. documentary filmmakers, which shifted the copyright liability insurance practices of major U.S. errors and omissions insurance companies (Elkin-Koren & Fischman-Afori, 2015). - Such projects ease copyright anxiety associated with copyright chill (Wakaruk, Gareau-Brennan, & Pietrosanu, 2021) without unduly restricting creative, scholarly, and preservation activities in everyday practices. Canadian Codes - Fair Dealing for Open Educational Resources (Johnson et al., 2024) - Crown Copyright (TBA) - Software (TBA) And… Codes of Best Practices in Fair Dealing for Film and Other Media? MAC is seeking future participants in surveys and focus groups to help in the development of these codes. https://bit.ly/4aW6NCk Q&A Works Cited CCH Canadian Ltd v. Law Society of Upper Canada. 2004 SCC 13 https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2125/index.do Elkin-Koren, N., & Fischman-Afori, O. (2015). Taking usersʼ rights to the next level: A pragmatist approach to fair use. Cardozo Arts Entertainment Law Journal 33(1):1-45. https://www.cardozoaelj.com/wp-content/uploads/2014/01/Elkin-Koren-Fischman-Afori-Final.pdf Graham, R., & Taylor, A. (2021, June 1). 50 shades of access: Equalizing student access to media for coursework. Film Studies Association of Canada Annual Conference, Online. https://hdl.handle.net/10133/5908 Johnson, R., Martin, H., Savage, S., Dickison, J., Ludbrook, A., & Lar-Son, K. (2024). Code of best practices in fair dealing for open educational resources: A guide for authors, adapters & adopters of openly licensed teaching and learning materials in Canada. Canadian Association of Research Libraries. https://bit.ly/45petMo Nair, M. (2023). Copyright advocacy. Media Access and Copyright Working Group, Film and Media Studies Association of Canada. https://bit.ly/3V0q8fy Taylor, A., Christenson, A., Selman, B., Tepperman, C., Innerd, C., Baron, J., Blankenship, J., Stidwell, J., Langrell, K., Nair, M., Lyons, O., Graham, R., Rouleau, T., & Rioux, V. (2022). How copyright impedes creativity and learning, and how Canadian media studies communities can take action: Final report of the Media Access & Copyright Working Group, Film Studies Association of Canada. https://hdl./handle.net/10133/6295 Wakaruk, A., Gareau-Brennan, C., & Pietrosanu, M. (2021). Introducing the Copyright Anxiety Scale. Journal of Copyright in Education and Librarianship. 5(1):1-38. https://doi.org/10.17161/jcel.v5i1.15212 Image Sources Image 1: Bringing Up Baby poster https://en.wikipedia.org/wiki/File:Bringing_Up_Baby_(1938_poster).jpg Image 2: Heart of Gold poster https://www.imdb.com/title/tt18956170/mediaviewer/rm468392193/?ref_=ext_shr_lnk Image 3: Tom Hayden at press conference image https://www.youtube.com/watch?v=JZASHbQQ_6U Image 4: 1-94 HIMARS live fire at Yakima Training Center https://youtu.be/NPbkHPetNzQ?si=WH_ZlQyB92g3_1Oz Thank Y o u! C o p yri g ht C o d e s of B e st Pr a cti c e s f or M e di a A c c e s s, R e u s e a n d Pr e s er v ati o n © 2 0 2 4 b y R u mi Gr a h a m, K at e L a n gr ell, T a yl or M c P e a k ( a n d M o u nt R o y al U ni v er sit y), D o n T a yl or i s li c e n s e d u n d er C C B Y 4. 0 . R u mi Gr a h a m gr a hr y @ ul et h. c a T a yl or M c P e a k t m c p e a k @ mtr o y al. c a D o n T a yl or d st a yl or @ sf u. c a K at e L a n gr ell k at e.l a n gr ell @ u m a nit o b a. c a