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Record W2761143615 · doi:10.1093/jiplp/jpx168

Federal Court of Canada: York University’s fair dealing guidelines not fair

2017· article· en· W2761143615 on OpenAlex
Emir Crowne

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueJournal of Intellectual Property Law & Practice · 2017
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCopyright and Intellectual Property
Canadian institutionsnot available
Fundersnot available
KeywordsCopyright ActFair useFair dealingAgency (philosophy)LawCopyright infringementInterimPolitical scienceCopyright lawCommon law copyrightPublic administrationIntellectual propertySociologyGood faith

Abstract

fetched live from OpenAlex

Canadian Copyright Licensing Agency v York University, 2017 FC 669, 12 July 2017 Canada’s Federal Court has ruled that York University’s Fair Dealing Guidelines were not fair. The fair dealing provisions are set out in section 29 of the Canadian Copyright Act, RSC 1985, c C-42 (the ‘Copyright Act’). Until 2012, section 29 provision provided that: 29. Fair dealing for the purpose of research or private study does not infringe copyright. After the Copyright Modernization Act (or, more formally, An Act to amend the Copyright Act, SC 2012, c 20), the reformed, broader provision states that: 29. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. The Canadian Copyright Licensing Agency (known as ‘Access Copyright’) is a collective society under the Copyright Act set up to administer the rights of authors and publishers of literary and artistic works. It sought to enforce an interim tariff of the Copyright Board for restricted activities undertaken by York University during the period 1 September 2011–31 December 2013 (para. 1).

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.019
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMetaresearch, Science and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.938
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.019
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0010.005
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0020.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.076
GPT teacher head0.266
Teacher spread0.191 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it