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The most universal limitations to the rights of the owner are the right to copy insubstantial parts and the right of fair dealing or use. Here, the Fairuse doctrine does not define any boundary within which anything can be put, the list can be endless. No educational institution applied for any licenses till now.
In particular, only 5% of the total extent of a work, an article lawfully published in a newspaper or a periodical, a poem or a work of visual arts, including photographic works, is permitted to be used within the allowed ambit of this limitation. The licenses may cover all the same uses covered by the limitation.
Copyright exceptions such as fairuse provide some support for the use of materials but they are fact specific, and broad sharing and copying of copyright materials throughout a school district or state—especially if provided by the state department of education or school district—usually requires a license.
Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. The addition of “education” was hardly an overhaul.
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