Meera Nair

Archive for 2019|Yearly archive page

before and after june 23

In Posts on June 21, 2019 at 8:15 am

On June 23, 1985, a bomb detonated in the cargo hold of Air India Flight 182 while in midflight off the coast of Ireland. There were no survivors. Of the 329 people aboard, 268 were Canadians. Over 80 were children. It was the outcome of a plot politically motivated, conceived, and carried out in Canada.

The event that provoked those murders had occurred a year earlier, when the Indian government had sent its army into the holiest site in Sikhism, the Golden Temple at Amritsar. A potent, but inaccurate, message that circulated in 1984 was that the temple had been destroyed.

At that time, Mark Tully, a British journalist with a long tenure in India, was on the ground in Amritsar; thirty years later he recounted the details that led to the incursion: the temple complex had been occupied by extremists determined to carve out a Sikh homeland from India. They had “mounted a reign of terror and murder, attacking police, terrifying villagers and extorting money,” and they had fortified the temple complex with arms. Tully wrote:

I returned to Amritsar in the first press party taken to the Golden Temple complex after the operation. I was deeply saddened by what I saw. The Golden Temple itself was intact, scarred only by a few bullet holes. Although defenders had fired from the Temple, the army had clearly obeyed orders not to fire at it.

Retribution came six months later when then-Prime Minister Indira Gandhi was assassinated by her own Sikh bodyguards. Which led to further retaliation by angry mobs against innocent Sikhs. With that history, Tully’s words from 2014 are memorable:

It’s a great credit to India’s Sikh community, and the country’s multi-religious culture, that the wounds have not gone deeper. For India’s new Prime Minister, Narendra Modi, and his Hindu Nationalist Bharatya Janata Party, the events of 1984 should be a warning against allowing any of the more extreme elements associated with them to start inciting hatred of other religious communities.

But Tully also noted that while tensions eased in India, they had escalated in Britain.

As they did in Canada. Rage simmered and extremists called for revenge, which led to the plots to bomb two Air India planes laden with Canadian passengers.

Bombs hidden in baggage were checked first onto Canadian Pacific planes departing from Vancouver, travelling both west and east. The deadly baggage was then to be transferred to connecting Air India planes. By sheer luck, passengers of the western route were spared, when that bomb detonated on the ground before being loaded onto the connecting Air India flight in Tokyo. However, two baggage handlers lost their lives. The second bomb performed as intended on the eastern route, having been transferred to an Air India plane in Toronto.

Prior to 9/11, the bombing of Air India Flight 182 was the worst act of aviation terrorism the world had ever known. Unlike 9/11, 6/23 which came twenty-six years earlier, never fully entered Canadian consciousness, and its history diminishes with each passing year.

For those who have borne a depth of tragedy that most of us cannot even comprehend—the families of the victims—June 23 cannot be allowed to fade into oblivion.

I was fortunate that my family was not directly touched by the bombing. But my parents knew at least three men who each lost his wife, and all six children between the three couples. At that time, the Indian immigrant community in Vancouver was quite small; everyone knew someone who had been affected. To this day, my mother speaks of a toddler who expertly identified a Da Vinci print hanging in our home. “Mona Litha” was declared with exuberance. She perished along with her sibling and her mother.

In Vancouver, before and after the bombing, those were years of harassment, intimidation, beatings, and murder. Ujjal Dosanjh (later premier of British Columbia and then a member of Parliament and cabinet minister) was brutally beaten because of his public efforts to alert Canadian authorities to the behaviour of extremists in the community. I remember the news footage of what Dosanjh looked like, lying in a hospital bed, after being attacked by an assailant wielding an iron pipe.

Canadians likely do not know that a journalist was murdered over these matters. Tara Singh Hayer (father of Dave Hayer who would go on to become a Member of the Legislative Assembly of British Columbia) had pertinent information about the bombings and was targeted twice. Mr. Hayer (senior) survived the first attempt but was left disabled. He did not survive the second. I still remember Dave Hayer’s press conference where he condemned the cowardice of people who would attack a man in a wheelchair.

The families had hoped for justice through the courts, but none came. That trial ended in acquittals, largely because the judge deemed the star witness to be not credible. She had been involved in a close friendship with one of the accused; with considerable risk to her safety, she provided testimony that he had acknowledged his culpability in the bombings. Her testimony was discarded by the judge, in part because the close friendship had continued even after the revelation. I remember thinking how oblivious the judge seemed of the risks that woman would have faced, had she broken off the friendship earlier.

The families had repeatedly called for a public inquiry, only to have successive Canadian governments resist. Finally, twenty years after the bombing, Bob Rae (between his positions of Premier of Ontario and Member of Parliament) was given a mandate to determine whether there were questions that necessitated exploration and if so, what form that exploration should take. His report, Lessons to be Learned, was detailed, compassionate and called on Canadians to recognize this tragedy as their own:

 Let it be said clearly: the bombing of the Air India flight was the result of a conspiracy conceived, planned, and executed in Canada. Most of its victims were Canadians. This is a Canadian catastrophe, whose dimension and meaning must be understood by all Canadians.

Because of Rae’s work, the long-desired public inquiry took form under the care of retired Supreme Court Justice John Major. I remember some of the televised news coverage; victims’ families and various branches of Canada’s security, intelligence and civil services were asked questions and given an opportunity to speak. Perhaps most poignant were the remarks from two Irish men who had participated in the grim task of pulling bodies from the ocean. In an interview by Terry Milewski, one man said that initially he had not wanted to meet the families because “we let them down.” The incredulous tone of Milewski’s reaction still rings in my ears, “You thought you’d let them down?” An affirmative nod was followed by: “If we could have just found even one person alive.” It spoke to the power of hope—the longing to believe that anyone could have survived the combined effects of a massive explosion, a fall of 30,000 feet, and then hours in the ocean before help arrived.

But as had been evident to the families for over twenty years, it was Canada whose conduct had been wanting. To begin with, the bombing could have been prevented. The erasure of vital wiretap evidence had compromised the trial from the start. Throughout, the strenuous effort by Canadian governments anxious to limit their liability for the bombing, combined to deny not only justice, but sheer human decency to the families.

Major’s preliminary report, The Families Remember, was completed in 2008. It ought to be compulsory reading for every member of Parliament. To know that before those 329 became victims, they were real people. They were friends, colleagues, aspiring students, professionals, business people, husbands, wives, grandparents, and children. From the little boy who used to buy milk to help an elderly neighbor, to the grandmother of the three-generations taken from a single family, this was a Canadian loss of proportions unimaginable. As Major wrote then:

These are not easy stories to read. The pages that follow are permeated with an ineffable sadness that is emotionally draining, but the examples of courage and determination that are related through the narratives illustrate the strength that accompanied the desolation of the victims’ families.

In the final report, Air India Flight 182-A Canadian Tragedy, he did not mince words as to the deplorable behaviour of various Canadian government towards the families. Members of Parliament ought to at least see these two sentences:

In stark contrast to the compassion shown by the Government of the United States to the families of the victims of the 9/11 terrorist attacks, for all too long the Government of Canada treated the families of the victims of the terrorist attack on Flight 182 as adversaries. The nadir of this attitude was displayed when the families’ requests for financial assistance were met by the Government’s callous advice to seek help from the welfare system.

And the lack of recognition that this was a Canadian tragedy was again noted:

The fact that the plot was hatched and executed in Canada and that the majority of victims were Canadian citizens did not seem to have made a sufficient impression to weave this event into our shared national experience. The Commission is hopeful that its work will serve to correct that wrong.

Despite the painstaking efforts of Rae, Major, and dedicated journalists (Kim Bolan, Terry Glavin, Terry Milewski to name a few) who tirelessly covered the story then and continue to do so now, Air India Flight 182 remains detached from our shared national experience.

Twenty years after the bombing, June 23 was declared as a National Day of Remembrance for Victims of Terrorism. But it seems to have had little impact, particularly to contemporary members of Parliament. June 23 is also the start of the summer recess with members likely back in their home ridings. Few seem to engage with the memory of Air India Flight 182. To be sure, those members are entitled to enjoy at least some time off with their friends and family. However, it would be nice if they remembered that the bombers made that same calculation. With the school year ending, on June 23, 1985, the planes were packed with families. As Dr. Chandrima Chakraborty asks: Why do Canadians not remember the tragic loss of so many children on Air India Flight 182?

Chakraborty details a number of creative works that bring the humanity of the suffering closer to readers. And for those wanting to learn more about the events before and after the bombing, Kim Bolan’s book Loss of Faith, How the Air India Bombers Got Away With Murder (2005) is compelling.  So too is The Sorrow and the Terror, the Haunting Legacy of the Air India Tragedy (1987) by Clark Blaise and Bharati Mukerjee.

An earlier version of this post was published by the Georgia Straight on 20 June 2019.

the fifth recommendation

In Posts on June 7, 2019 at 3:47 pm

Earlier this week, the Standing Committee on Industry, Science and Technology released the concluding report of the Copyright Review. In a world where political partisanship can often be described as toxic, the report is encouraging by its display of Members of Parliament of differing parties working together. While I have no doubt some political theatrics occurred behind the scenes, Members appear to have collectively taken on the challenge to probe a seemingly impenetrable area of law that touches Canadian lives on a daily basis, and reconcile  competing interests expressed by a multitude of voices.

The Official Opposition and the New Democratic Party each attached a dissenting report, as is their prerogative to do so.  Yet their combined discomfort was in relation to only two matters: (i) artists’ resale rights; and (ii) Crown copyright – that its repeal was preferable to the stated recommendation of open licensing for government-created content.

As noted by Creative Commons:

The Canadian report offers a glimmer of hope that copyright policy can be furthered in such a way to promote creativity and innovation, while at the same time protecting crucial user rights. This is contrasted with the final outcome of the European copyright directive, which reflects a disturbing path toward increasing control of the web to benefit only powerful rights holders at the expense of the rights of users and the public interest.

The report in its entirety is here, with encouraging language in its front-matter:

Reproduction of the proceedings of the House of Commons and its Committees, in whole or in part and in any medium, is hereby permitted provided that the reproduction is accurate and is not presented as official. This permission does not extend to reproduction, distribution or use for commercial purpose of financial gain. …

But before we delve into the report and reflect broadly on the thoughts and recommendations provided, one issue ought to take priority. In the letter guiding the Committee’s work, the presiding ministers invited Members to “pay special attention to the needs and interests of Canada’s Indigenous peoples as part of Canada’s cross-cutting efforts at reconciliation.” It is telling that, after dealing with matters of procedure and preparing the ground for future information-gathering and analysis, the first recommendation pertaining to current challenges is:

Recommendation 5
That the Government of Canada consult with Indigenous groups, experts, and other stakeholders on the protection of traditional arts and cultural expressions in the context of Reconciliation, and that this consultation address the following matters, among others:

• The recognition and effective protection of traditional arts and cultural expressions in Canadian law, within and beyond copyright legislation;

• The participation of Indigenous groups in the development of national and international intellectual property law;

• The development of institutional, regulatory, and technological means to protect traditional arts and cultural expressions, including but not limited to:

  • Creating an Indigenous Art Registry;
  • Establishing an organization dedicated to protecting and advocating for the interests of Indigenous creators;
  • and Granting Indigenous peoples the authority to manage traditional arts and cultural expressions, notably through the insertion of a non-derogation clause in the Copyright Act.

In a submission offered by the Association of Canadian Publishers,  Sa’ke’j Henderson (Research Fellow Miyasiwewin Mikiwahp Native Law Centre of Canada College of Law, University of Saskatchewan) had written: “The purpose of the non-derogation clause is to clarify that these Aboriginal knowledges and cultural expressions are protected and promoted under Sections 52(1) and 35 of the Constitution Act, 1982 and Section 25 of the Charter.”

In his brief, Henderson had also reminded us that “Canada has endorsed the United Nations Declaration on the Rights of Indigenous Peoples (2007).”  Unfortunately, at best, Canada could be described as having a chequered past with respect to the UNDRIP.

Meaningful attention to Indigenous issues requires deliberate effort to harmonize all federal law with the UNDRIP. So it is disappointing to read that, this week, the Conservative members of the Senate used “procedural tactics to cancel committee meetings on Bill C-262.” This private member’s bill, brought forward by NDP MP Romeo Saganash, was passed by the House  of Commons in May 2018, and aims to ensure that federal laws comport with the UN Declaration of the Rights of Indigenous Peoples.

Returning to Recommendation Five, through my remarks to the Committee and brief, I said: “Indigenous paradigms about creative endeavor and property are implicit to the system of copyright as we practice it today,” and that finding commonality may help alleviate the challenges experienced by Indigenous communities with respect to appropriate protection and use of traditional knowledge and art.

While passage of C-262 looks less and less likely, we may hope that  Members of the Opposition will ensure that Recommendation Five is acted on.

fifteen years

In Posts on March 31, 2019 at 8:10 am

The Supreme Court’s decision of 4 March 2004, CCH Canadian v. Law Society of Upper Canada, ushered in a more progressive approach to copyright, by emphasizing that exceptions to copyright are a vital part of the system itself. The decision also coincided with the start of my doctoral research, at Simon Fraser University’s School of Communication. So it seemed only befitting to begin with CCH when I gave the keynote address last month at Balancing the scales: the role of fair dealing in Canadaan event organized by the Vancouver post-secondary community and hosted by Simon Fraser University.

One of the more fascinating aspects of studying systems of copyright is its variety of entry points. Enthusiasts of business, communication, economics, ethics, history, human rights, innovation, international relations, literature, philosophy, technology, and law, can all find a familiar theme within the ambit of copyright. Such an interdisciplinary nature is an asset; there are many signposts by which to navigate the route to effective public policy.

Yet copyright remains predominantly mired in the bland pronouncement of copyright is an author’s right. As to what that right means, whether copyright can achieve the expectation of authorial well-being implicit to the language of rights, that discussion is too often shunted aside. Complicating matters further in Canada is the propensity to wrap copyright in a maple leaf; a false, but politically effective, message portrays Canadian literature as dying and asserts that only more copyright can save it.

For my address, I took a little inspiration from Margaret Atwood and drew attention to the events that shaped both copyright and publishing in Canada during the late nineteenth-century. Namely, that those norms of copyright benefited only Britain and America, and deterred Canada from devising a system that would serve its own readers, writers, and publishers. The consequences of those years continue to be felt today; we cannot escape our own history. Fortunately, Canada’s ongoing success in literature is also a product of history, one carved outside of the regime of copyright.

The entire event is available here. (My presentation was the last one; click on Show Media and select: balancing_scales_role(4).mp4.)

On a personal note; that day in Vancouver, a dear friend was missing from the audience. James Woodburn Dean (1941-2019) died earlier in February. James, professor emeritus of SFU’s economics department, was an extraordinary champion of all students, regardless of their subject. His capacity for kindness was, and will remain, unparalleled to those who received it. As has been written of James, “He believed in the power of education and music and encouraged others to take bold steps.” To the extent that I can claim some success as a scholar, I am indebted to James for his indefatigable confidence in my ideas and unstinting friendship that continued long after completion of my doctorate.

Rest in peace James.

an ideal tariff

In Posts on March 14, 2019 at 7:15 am

Last month Howard Knopf reminded us that the Copyright Board is nearing completion of its work on the issue of collective licensing in post-secondary educational institutions. Under discussion are Access Copyright’s requests for tariffs on some unauthorized copying of copyright-protected materials. The Board has in fact invited parties to “comment on the feasibility and clarity of the terms of the tariff.”

While the documents pertaining to the proposed tariffs indicate that students are to be considered as “authorized users,” the aim of collective licensing is largely to address instances where teachers choose to distribute portions of copyright-protected works, often described as excerpts, to students.

Ideally, any tariff for a collective license would hew as close as possible to the principle of individual and fair negotiation between two parties for compensable use of content, and be based on a clear understanding, not only of the market, but also of Canadian copyright law. To that end, let us hope that the Copyright Board will engage in a thorough investigation of three hitherto-unchallenged assumptions, namely that:

  1. Unauthorized copying of copyright-protected materials occurs uniformly across institutions.
  2. Such unauthorized copying must always be paid for.
  3. Appropriate payment has not already been made.

1. The Scale of Unauthorized Copying

In the political arena, Access Copyright’s portrayal of unauthorized copying, as copying running amok at campuses, was met with neither question nor criticism. Ideally, the Board would engage in some investigation of this claim. At the very least, the Board should recognize that when a textbook is assigned to students as their principle source of reference, the question of excerpts (or course-packs) becomes moot.

For instance, a cohort of approximately 200 students pursuing the degree of Bachelor of Applied Sciences in Engineering at a reputable Canadian university are routinely assigned textbooks as their sole resource for learning. (Full disclosure: one of the cohort is my daughter. In her case, depending on what she might spend, she bought new books, used books, or on occasion nothing at all, relying instead on the copy held in the Reserves section of her institution’s library.)

An ideal tariff would ensure that institutions may opt-out on behalf of those students for whom their principal learning resource is not an assemblage of excerpts. While this strongly suggests that many students in the STEM fields will be removed from the FTE count, other disciplines may fall within the same framework. For instance, Nick Mount, a professor in the Department of English at University of Toronto writes: “In all my classes, undergraduate and graduate, I assign and expect students to purchase books, including many books by living Canadian writers. I stopped using course-packs years ago: they’re aesthetically ugly, and their digital replacements don’t work well in classrooms. To the best of my knowledge my colleagues follow much the same practice.”

The calculation of the tariff must reflect only those students who actually consume works by excerpt, but only when such excerpts are entitled to payment.

2. Some types of unauthorized copying 

i. OER.

The use of open-educational resources (OER) is becoming more common in Canada. These works, often funded by taxpayers, and developed by credible authorities in various disciplines, are released under open licenses whereby users (be they teacher or student) may adapt, copy, or post content without additional fees. While adoption of such resources is not uniform across the country, the trend is sloping upward.[1] The Board should take particular note of the efforts at Kwantlen Polytechnic University (KPU), the first institution in Canada where entire programs have been designed on the basis of open resources and are now showing escalating enrollment.

An ideal tariff would ensure that institutions may opt-out on behalf of, and thus remove from FTE count, those students participating in programs for which the institution has actively sought to ensure a zero cost for materials, by developing and/or adopting OER content.

ii. Exceptions.

Within the Copyright Act are various measures[2] that permit unauthorized copying of copyright-protected materials; chief among these is Section 29 Fair Dealing. As use of Fair Dealing has been contentious, the Copyright Board might wish to limit its consideration of fair dealing to only that which has been supported by the Supreme Court of Canada. To that end, the famed CCH case of 2004 is instructive—the final decision was one of unanimity and the measures of content reproduced and accepted as fair dealing ranged from a few pages to 21% of an entire textbook.[3]

Naturally, quantity alone is never solely determinative of fair dealing; however, this must raise at least some question as to why Access Copyright is asking that educational institutions pay a fee for distributing content which may well be fair dealing. Particularly as prior to the amendments of 2012, the Supreme Court sanctioned classroom distribution of short excerpts which were supplemental to principal learning resources, under the auspices of the category of “private study,” within fair dealing.[4]

An ideal tariff would ensure that institutions may remove from FTE count, those students enrolled in courses where supplemental excerpts would sit within the threshold of fair dealing as appropriate under the authority of CCH (2004). As the Copyright Board itself noted in 2009, “CCH now is the unavoidable starting point of any analysis of the notion of fair dealing (para. 75).”

And while the Board’s discomfort was evident then, their careful adherence to the law paved the way to the Board’s more nuanced understanding of fair dealing as was exemplified in 2015:

In CCH, the Supreme Court of Canada stated that fair dealing can be made out either by demonstrating that there exists a general practice that is based upon an enumerated fair-dealing purpose, and, is in fact, fair, or by demonstrating that a particular copying event … was fair dealing (para. 223, citing para. 63 of CCH Canadian).

3. Fair remuneration for copying

Perhaps Access Copyright is behaving in good faith, and is simply unaware of changing patterns of development and distribution of educational resources. However, members of Canada’s publishing sector cannot pretend to be without guile, as it has come to light that they have chosen to license their wares for use in educational institutions, yet insisted to Canadian MPs that the educational community was not paying its fair share. In a comprehensive post, dated to 23 November 2018, Michael Geist laid bare the claims of some Canadian presses – that they were suffering for the lack of payment from educational institutions – when in fact:

… educational institutions typically purchase both access to the work and a licence for multiple uses and/or inclusion in a CMS. This means that the e-book licence replaces the Access Copyright licence, compensating publishers and authors while providing students and teachers with greater flexibility and value. Moreover, many of the licences are perpetual, meaning that rights holders are paid a higher upfront fee in return for no subsequent royalties or payments.

An ideal tariff issued by the Copyright Board would ensure that institutions do not pay a second time for content already paid for through voluntary market-agreements between parties.

From the profusion of briefs submitted to the Federal Government during last year’s Copyright Review, it is evident that, over the last seven years, consumption of content has evolved in the post-secondary community. Educational institutions have come to rely increasingly on licensed content, where licenses are of both the proprietary and open variety. Unauthorized copying reliant on exceptions to copyright is decreasing. And yet, if Access Copyright has its way, Canadian students will be charged fees to cover the costs assessed against their institution, regardless of whether that fee represents actual compensable transactions of content and use by each student.

 

[1] In October 2018, the Scholarly Publishing and Academic Resources Coalition (SPARC) issued promising news with respect to OER: $1 billion of savings had been realized through global adoption of open educational resources. While the lion’s share of this savings was generated in the United States, Canada is onboard with OER development and adoption. Notably, the province of British Columbia alone achieved over $10 million in savings between 2012-2019.

[2] Section 29, Fair Dealing is principle among them. But also applicable to students’ learning are S29.21 NonCommercial User Generated Content and S30.4 Work available through Internet. Plus, there are a host of exceptions addressing Educational Institutions.  The proposals offered by Access Copyright presume to discard the very existence of exceptions; said another way, the very existence of the Copyright Act.

[3] CCH is predominantly known by the Supreme Court’s final adjudication of the case, but scrutiny of the case at the trial division reveals the amounts copied without authorization; see CCH Canadian Ltd. v. Law Society of Upper Canada. (1999)  Para. 136.  These copies were later accepted as fair dealing by the Supreme Court. CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13

[4] Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37.

fair dealing week 2019

In Posts on February 24, 2019 at 7:36 pm

Fair Dealing week begins tomorrow with seminars, workshops, and discussion spanning the country. It speaks well of the efforts of post-secondary communities to raise understanding of its importance. Many fair dealing stories will circulate this week; I have one of my own to add. Fair dealing is personal.

My parents emigrated from India to Canada in the 1960s. As to why they chose Canada, my mother later explained the decision as a process of elimination. Both had grown up through the country’s Independence struggle and lived the life of noncooperation, whatever hardship it may have entailed. So Britain never made the list. The United States was given some consideration; but, in my mother’s words: “We had all wept over Uncle Tom’s Cabin.” And so “No” to a society that was still struggling to provide civil rights to all its citizens. Canada? It seemed nice, inoffensive. Years later my mother gave me these memorable words: “I didn’t realize we had left one colonized nation, only to join another.”

That the undercurrent of being a colonized nation still seemed to permeate Canada in the twentieth century hints at how close to the surface that current was in the years immediately following Confederation. Canadian industry was particularly affected, including the publishing sector. I cover some of this history in “The Geopolitics of Nineteenth-Century Canadian Copyright, as seen by some British Authors, in the recently published Canada 150 Special Issue of the Papers of the Bibliographical Society. This paper complements an earlier work of mine, “The Copyright Act of 1889—A Declaration of Independence,” published by the Canadian Historical Review, which examined the same events, from documents compiled by the British Government. Taken together, it is a reminder that copyright policy cannot be enacted in a vacuum–the effect of change is conditioned by history.

Returning to the theme in hand, prior to leaving India, my mother was a Lecturer in Mathematics and a freelance writer of some repute. In Canada, while my brother and I were young, she stayed home with us but would occasionally return to writing. However, multiculturalism was not yet a gleam in anyone’s eye, and diversity in publishing nonexistent. The views of a visible minority woman, no matter how educated, no matter how capable with her pen, were of little interest to the editors of the day. (No amount of copyright could change this.) And without the approval of the gatekeepers, there was no means to reach an audience.

My mother’s assays in writing were infrequent as it was a period of coming to grips with total responsibility for housekeeping and child rearing amid the inescapable isolation of immigrants, not to speak of the deflation of rejections. But one rejection will always stand out in my mind, because the work was praised by the editor (from Macleans no less) but still declined as it had been forestalled in timeliness. The cause of the delay? A well-meaning intermediary had insisted that my mother’s quoting of one sentence from Subject India, by H.N. Brailsford, required copyright clearance.

Because of that inept advice, my mother had dutifully written to the book’s publisher, who had then contacted Brailsford’s widow, who sent back a charming letter saying how happy she was that her husband’s work was still being read. But this provision of consent took time to reach Canada; in the meantime, Macleans had already chosen their content.

Fair Dealing matters. Individual writers, musicians and artists should not need to be well-versed in the intricacies of copyright law, to benefit by exceptions to copyright defined in the law. It falls to teachers, administrators, and distributors to have the confidence of knowing that unauthorized use may be lawful.

Note: Subject India is now available through the Internet Archive.