Transcript cla desktop delivery talk.ppt

Desktop Delivery and
Interlibrary Loan
_________
RobTiessen/University of
Calgary Library
Outline
•The rise of Desktop Delivery
•Traditional interpretation of
copying on behalf of users
•Bill C-60 and Desktop
Delivery
Outline
•Technical Adherence to
30.2(5) via TPM’s
•Relying on fair dealing not the
library exemption
•The six factors in deciding fair
dealing
•Applicability to E-Reserves
Rise of Ariel and then
Desktop Delivery
•
Ariel emerged as an alternative to
faxing in 1990 – 1992.
•
Prospero and other software
programs emerged in 1999 that
allowed libraries to post documents
to web and send the requestor an
email with a password to access
the document.
•
Canadian Libraries for the most
part have not used post-to-web or
other technologies to send digital
copies of documents to users.
Traditional Interpretation of
Copying for Users
Section 30.2 allows libraries to act
on behalf of their patrons in fair
dealing.
Before (and maybe after CCH) most
libraries believed they couldn’t
legally, have the right to provide
interlibrary loan of copies or provide
photocopying services without
section 30.2.
Restrictions to Libraries in 30.2
•30.2(5) states that the copy given to
the patron must not be in digital form.
•If an article is being photocopied from
a newspaper or periodical other than a
scholarly, research or technical
periodical, the article has to be at least
one year old.
•Works of fiction, poetry, drama or
musical works in non-scholarly
periodicals are not allowed.
Bill C-60 & Desktop
Delivery
Bill C-60 would have added digital
reproduction to the Access Copyright
Licence. (in new Section 30.02)
Interlibrary loan restrictions (rewritten
30.2)
•Seven days for user to retrieve the article
•Library must take measures to prevent
more than one printing or telecommunication
of the article.
Technical Adherence to
30.2(5) via TPM’s
To comply with 30.2(5) the user cannot
receive a digital copy. Libraries have
interpreted this to mean that they must
physically give the user a paper copy.
What would a system require to be able
to give a user a print copy over the web
without giving the user a “digital” copy?
System Requirements to
comply with 30.2
•Restrict to one print copy because
section 30.2(4) requires that a user
can only receive a single copy.
•Cannot download a copy.
•Not able to preview the copy
because previewing would make a
copy in the user’s web cache.
Systems that can already do this
Relais International makes two
products that can do this:
http://www.relais-intl.com/
•Relais Enterprise
•Relais ILL
Rights Market makes a DRM that
works with email.
http://www.rightsmarket.com/
CCH vs. the Law Society
of Upper Canada
Great Library of the Law Society of
Upper Canada sued by legal
publishers for:
•Providing a photocopy service for
patrons
•Providing self-service
photocopiers in the library
•Faxing photocopy requests to
patrons
Relying on fair dealing not the
library exemption
Para. 49 of the Supreme Court
Judgement CCH Canadian Vs. the Law
Society of Upper Canada:
… the s. 29 fair dealing exception is always
available. Simply put, a library can always
attempt to prove that its dealings with a
copyrighted work are fair under s. 29 of the
Copyright Act. It is only if a library were
unable to make out the fair dealing
exception under s. 29 that it would need to
turn to s. 30.2 of the Copyright Act to prove
that it qualified for the library exemption.
Large & liberal
interpretation
Para. 51 of the Supreme Court
Judgement :
"Research" must be given a large
and liberal interpretation in order
to ensure that users' rights are not
unduly constrained…. Lawyers
carrying on the business of law for
profit are conducting research
within the meaning of s. 29 of the
Copyright Act.
Fair Dealing
Fair dealing is for the purposes of
research, private study, criticism,
review or news reporting.
Sections 29, 29.1 & 29.2 of the
Copyright Act.
•The fair dealing sections of the
act are technologically neutral. A
user can perform fair dealing by
long hand; photocopying; or
scanning.
•Libraries providing copying or
interlibrary loan services for users
can do the same.
Adherence to Fair Dealing
in a policy
Para. 73 of the Supreme Court
Judgement:
The Access Policy places
appropriate limits on the type of
copying that the Law Society will
do… The Access Policy limits the
amount of work that will be copied,
and the Reference Librarian
reviews requests that exceed what
might typically be considered
reasonable and has the right to
refuse to fulfill a request.
What to consider when
creating a policy
Take into account the following
items:
• The Great Library’s Access
Policy reproduced in para. 61 of
the Supreme Court Judgement.
• The six factors as discussed in
para. 54-60 and again in para.
66-73 of the Judgement.
•The fair dealing exceptions.
The Six Factors
i.
The purpose of the dealing
will be fair if it is for one of the
allowable purposes under the
Copyright Act, namely
research, private study,
criticism, review or news
reporting…
ii. The character of the dealing
Single copies are fine, multiple
copies tend to be unfair.
The Six Factors
iii. The amount of the dealing
…for the purpose of research
or private study, it may be
essential to copy an entire
academic article or an entire
judicial decision.
iv. Alternatives to the dealing
…patrons…cannot reasonably
be expected to always conduct
their research on-site…
The Six Factors
v. The Nature of the work
…the Access Policy puts
reasonable limits on the Great
Library's photocopy service.
vi. Effect of the dealing on the
work
…no evidence …to show that
the market for the publishers'
works had decreased as a
result of these copies having
been made.
Applicability to Ereserves?
•Use of E-reserves should be
covered under research and
private study (factor 1).
•Effect of the dealing on the work
(factor 6). Should be ok if the
reading is limited to students in
the class.
•Amount of the dealing (factor 3).
Wouldn’t want to reproduce an
entire book. Would a chapter of a
book or an article be fine?
Character of the Dealing
(factor 2)
•If, however, a single copy of a
work is used for a specific
legitimate purpose, then it may
be easier to conclude that it was
a fair dealing.
•Is the fact that an e-reserve
copy is a single copy ok? Or
the fact that numerous students
could make their own print or ecopy unfair?
Character of the Dealing
(factor 2)
•If multiple copies of works are
being widely distributed, this will
tend to be unfair.
•It may be relevant to consider
the custom or practice in a
particular trade or industry to
determine whether or not the
character of the dealing is fair.
Resources
Bill C-60:
http://www.parl.gc.ca/38/1/parlbus/
chambus/house/bills/government/
C-60/C-60_1/C-60_cover-E.html
Copyright Act:
http://laws.justice.gc.ca/en/C-42/
CCH vs. LSUC Decision:
http://www.canlii.org/ca/cas/scc/20
04/2004scc13.html
Resources
In the Public Interest edited by
Michael Geist:
http://www.irwinlaw.com/books.cf
m?pub_id=120&series_id=3
Protecting the Public Interest from
the Canadian Library Association:
http://www.cla.ca/resources/protec
ting_the_public_interest.pdf
Copyright Guide for Canadian
Libraries by Wanda Noel. 1999.
Canadian Library Association