1. Digital Copyright Questions and the Library _________ RobTiessen/University of Calgary Library

2. Outline Is Making Digital Copies Wrong Digital Copies for Users EReserves

3. 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.

4. 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”!

5. 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

6. 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

7. 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.

8. 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.

9. 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

10. 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

11. 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?

12. 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.

13. 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.

14. 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.

15. 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.

16. 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

17. 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

18. Resources Copyright Act: http://laws.justice.gc.ca/en/C-42/ http://laws.justice.gc.ca/en/C-42/ CCH vs. LSUC Decision: http://www.canlii.org/ca/cas/scc/20 04/2004scc13.html http://www.canlii.org/ca/cas/scc/20 04/2004scc13.html

19. Resources In the Public Interest edited by Michael Geist: http://www.irwinlaw.com/books.cf m?pub_id=120&series_id=3 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