Access Copyright and Fair Dealing Guidelines in Higher Educational Institutions in Canada: A Survey

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Friday, June 1, 2018, 1:00-1:45 Room 1900

Serena Henderson – Athabasca University

Rory McGreal  – Athabasca University


Information about the acceptance by Canadian Higher Education Institutions (HEI) of the Access Copyright (AC) tariff is necessary for educators, as is the copyright “pentalogy” decision of the Supreme Court of Canada (SCC) and its interpretation of the fair dealing. Many universities and community colleges in Canada have adopted the Universities Canada (UC) guidelines, while some have adopted the “six-point” test as their guidelines and/or made reference to a 10% limitation on fair dealing. However, in some cases, institutions have not adopted any policy or guidelines on any aspect of copyright; there are only a minority of HEIs in Canada that have committed to the AC tariff.  While the majority of HEIs have accepted the UC guidelines, only a marginal number of HEIs refer to the SCC’s “six-point” test.

This presentation will explore these results further to provide a glimpse of the behavior Canadian HEIs exhibit in the use of policy and guidelines at their institutions.



Serena Henderson is the Managing Editor of the International Review of Research in Open and Distributed Learning (IRRODL) and Coordinator of the Master of Education in Distance Education program for the Centre for Distance Education at Athabasca University. She is an OER Research Fellow with the Open Education Group, researcher and presenter, and sits on many committees in her research field. Serena has received many scholarships and awards for her academic merit and is currently one of the first in the world completing the Creative Commons certificate for Educators. Her research interests include copyright law, fair dealing, open licensing, open access, open education, and open pedagogy.

Prof. Rory McGreal is the UNESCO/Commonwealth of Learning/International Council for Open and Distance Education Chair in Open Educational Resources (OER); and Director of the Technology Enhanced Knowledge Research Institute (TEKRI) at Athabasca University. He is the founder of the OER Knowledge Cloud, a repository of research articles on OER. Previous positions include Assoc. VP Research, Executive Director of TeleEducation NB, a Canadian province-wide elearning network. He is also the recipient of several national and international awards for open and distance learning.


Simon Fraser University and the University of British Columbia wish to acknowledge the Coast Salish People on whose traditional territories we are privileged to live, work and play.

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