10% or 6 Factors? Looking beyond the Numbers in Educational Fair Dealing Guidelines

Fair dealing policies at educational institutions have been the subject of much controversy.  But no one understands them better than the individuals whose job it is to interpret, explain and apply them on a daily basis.  In this session, copyright specialists from three Ontario universities, take a deep dive into the different guidelines in place at their respective institutions.  Using illustrative examples of some of the more complex fair dealing analyses they’ve been involved in, the presenters will demonstrate how sound fair dealing policy can enable nuanced fair dealing assessments that focus more on fairness than formulas. Stephanie Orfano is from the Scholarly Communications and Copyright Office at the University of Toronto Libraries. Stephanie collaborates with faculty, staff and students on issues related to publishing, copyright, licensing and permissions, and the many paths to open scholarship. Ann Ludbrook is the Ryerson University Library Copyright and Scholarly Engagement Librarian and also manages the One Stop Course Reading Service – E-Reserves at Ryerson. She is also does outreach and project support in the areas of Open Education and Scholarly Communication. Heather Martin is the Copyright Officer at the University of Guelph, and also manages the Library’s E-Learning and Reserves Services team.  Her latest project is chairing the University of Guelph’s task force on Accessible and Affordable Course Content and Open Educational Resources

Impact of opioid-free analgesia on pain severity and patient satisfaction after discharge from surgery: multispecialty, prospective cohort study in 25 countries

Background: Balancing opioid stewardship and the need for adequate analgesia following discharge after surgery is challenging. This study aimed to compare the outcomes for patients discharged with opioid versus opioid-free analgesia after common surgical procedures.Methods: This international, multicentre, prospective cohort study collected data from patients undergoing common acute and elective general surgical, urological, gynaecological, and orthopaedic procedures. The primary outcomes were patient-reported time in severe pain measured on a numerical analogue scale from 0 to 100% and patient-reported satisfaction with pain relief during the first week following discharge. Data were collected by in-hospital chart review and patient telephone interview 1 week after discharge.Results: The study recruited 4273 patients from 144 centres in 25 countries; 1311 patients (30.7%) were prescribed opioid analgesia at discharge. Patients reported being in severe pain for 10 (i.q.r. 1-30)% of the first week after discharge and rated satisfaction with analgesia as 90 (i.q.r. 80-100) of 100. After adjustment for confounders, opioid analgesia on discharge was independently associated with increased pain severity (risk ratio 1.52, 95% c.i. 1.31 to 1.76; P < 0.001) and re-presentation to healthcare providers owing to side-effects of medication (OR 2.38, 95% c.i. 1.36 to 4.17; P = 0.004), but not with satisfaction with analgesia (beta coefficient 0.92, 95% c.i. -1.52 to 3.36; P = 0.468) compared with opioid-free analgesia. Although opioid prescribing varied greatly between high-income and low- and middle-income countries, patient-reported outcomes did not.Conclusion: Opioid analgesia prescription on surgical discharge is associated with a higher risk of re-presentation owing to side-effects of medication and increased patient-reported pain, but not with changes in patient-reported satisfaction. Opioid-free discharge analgesia should be adopted routinely

Cadre national de revendication pour les ressources éducatives libres au Canada

Le document ci-présent, Cadre national de revendication pour les ressources éducatives libres au Canada, a été élaboré pour appuyer et orienter les efforts de revendication menés par le groupe sur la Stratégie nationale en matière de REL. Nous, les auteurs, sommes des praticiens et des experts issus de différents secteurs du système canadien d’enseignement postsecondaire. Notre but est d’informer la communauté ainsi que de faciliter et d’appuyer la coordination des revendications en faveur des REL à l’échelle nationale. Par conséquent, le présent document, révisé par une multitude d’experts des REL, vise à appuyer les efforts déployés par les divers intervenants dans les revendications pour une implication fédérale dans les REL

Engaging Respectfully with Indigenous Knowledges : Copyright, Customary Law, and Cultural Memory Institutions in Canada

This paper contributes to building respectful relationships between Indigenous (First Nations, Métis, and Inuit) peoples and Canada's cultural memory institutions, such as libraries, archives and museums, and applies to knowledge repositories that hold tangible and intangible traditional knowledge. The central goal of the paper is to advance understandings to allow cultural memory institutions to respect, affirm, and recognize Indigenous ownership of their traditional and living Indigenous knowledges and to respect the protocols for their use. This paper honours the spirit of reconciliation through the joint authorship of people from Indigenous, immigrant, and Canadian heritages. The authors outline the traditional and living importance of Indigenous knowledges; describe the legal framework in Canada, both as it establishes a system of enforceable copyright and as it recognizes Indigenous rights, self-determination, and the constitutional protections accorded to Indigenous peoples; and recommend an approach for cultural memory institutions to adopt and recognize Indigenous ownership of their knowledges, languages, cultures, and histories by developing protocols with each unique Indigenous nation

From Fair Dealing to Fair Use: How Universities Have Adapted to the Changing Copyright Landscape in Canada

[From introduction]: “The first half of this chapter provides a synopsis of the major legislative, jurisprudential, and policy changes that have had an impact on higher education in Canada over the past ten years, with a focus on how these changes have transformed the way that copyright is managed in higher education. The second half focuses on the role that libraries have played in this management, as Canadian universities and colleges have frequently turned to their libraries for help with navigating—and managing—this new copyright landscape. Finally, the chapter concludes with a few thoughts about the future of copyright management in higher education in Canada as institutions determine paths forward in the aftermath of the Access Copyright v. York case.”</p

Canadian Collaborations: Library Communications and Advocacy in the time of COVID-19

The COVID-19 pandemic forced libraries to unexpectedly and suddenly close their physical locations, necessitating a remote working environment and a greater reliance on digital and virtual services. While libraries were in a better position than most sectors due to decades of experience in licensing and acquiring digital content and offering virtual services such as chat reference, there still were some services and resources that traditionally had only been offered in a face-to-face environment, or were available in print only. There were questions in the Canadian library community about how, and if these programs could be delivered online and comply with Canadian copyright law. This article will describe the access and copyright challenges that Canadian libraries faced during the first nine months of the pandemic and will outline the collaborative efforts of the Canadian library copyright community to respond to these challenges