Transcript copyrightquestions-2.ppt

Digital Copyright Questions
and the Library
_________
RobTiessen/University of
Calgary Library
Outline
• Is Making Digital Copies Wrong
• Digital Copies for Users
• EReserves
Is Making Digital Copies
Wrong? Part A
On Wednesday, we had a
presentation from an Access
Copyright representative and my
understanding is that digitization,
scanning etc. is an entirely
different “ball game” from paper
based copyright. The teacher
would be changing the format from
its original paper creation,
manipulating the data and
distributing it in a manner that the
creator never intended.
Is Making Digital Copies
Wrong? Part B
…In sum, as soon as you move away
from the paper and the realm of
Access Copyright, each work and
occurrence must be cleared and
negotiated by use and fee
individually – a very labour
intensive process…As outlined by
Access Copyright, we can only
conclude that all the scanners
being sold are doing “illegal
things”!
Is Making Digital Copies
Wrong? Response
Copyright is format neutral
When deciding what to do one should
look at
• the Copyright Act
• libraries and others should look at
the CCH Supreme Court Judgment
• obviously licences come into play
Making Digital Copies for
Users
•
On a regular basis, I get asked if
the library will scan articles and
book chapters for students and
faculty similar to our photocopy
service
•
Occasionally I get queries about
desktop delivery of interlibrary
loans
Current handling of Digital
Copies
Digital Copies
•Any user can make a digital copy,
e.g., scanning, within fair dealing
limits.
•Staff will not make digital copies for
users.
The Desired U of C Policy on
Digital Copies
We would like to move towards
providing digital copies to our users in
filling both interlibrary loan requests
and filling copies from our own
collection.
We don’t think that we need a change
to the Copyright Act to achieve that.
Legal Basis of Digital Copies
•30.2(5) states that the copy given to the
patron must not be in digital form.
•CCH Para 49 : 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.
•CCH Para 56 : …for the purpose of
research or private study, it may be
essential to copy an entire academic
article or an entire judicial decision
EReserve
Heavily in demand but…
•Our current deadline for clearing
copyright is 2 ½ months before it
is used
•Not unusual for instructors to find
out they are teaching a class two
weeks before it starts
•With the rise of courseware ie
BlackBoard, WebCT, etc, faculty
can easily post articles without the
library knowing
The Six Factors and
EReserve
•Is copyright clearance required
everytime that we put something
on eReserve? Specifically
clearance for digitizing print
materials?
•Or can the six factors be used to
define boundaries around which
print materials can be digitized as
a fair dealing?
Factor 1
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…
•
We would argue that the
purpose is research or private
study.
Factor 2
The character of the dealing:
Single copies are fine, multiple
copies tend to be unfair.
•
It’s a single digital copy
restricted to members of class.
•
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.
Factor 3
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..
•
If it is restricted to a single
article from one issue of a
journal or a single chapter
from a book, it should be ok.
Factor 4
Alternatives to the dealing
…patrons…cannot
reasonably be expected to
always conduct their research
on-site…
•
It isn’t always easy for
students to come to the library
to read reserve readings.
Factor 5
The Nature of the work
…the Access Policy puts
reasonable limits on the Great
Library's photocopy service.
•
If you have a clearly written,
well thought out policy a library
should be well positioned to
offer EReserve
Factor 6
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.
•
Educational sector is usually
the biggest customer for the
works we are using for
eReserves
Resources
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
Copyright Guide for Canadian
Libraries by Wanda Noel. 1999.
Canadian Library Association