1. E-Reserves & Copyright in Canada Joan Dalton Head, Access Services Leddy Library / University of Windsor

2. Presentation Outline E-reserves in Canada: Survey update; E-reserves at Windsor: Pilot & beyond; Fair Dealing and Library Exceptions; Making the Case for Fair Dealing; Copyright Reform: Where are we now?

3. E-Reserves in Canada: National Survey Update 2004 Survey: 36 academic libraries, 28 responses 2005 Survey: 117 academic libraries, 36 responses; Combined: 64 responses, 17 institutions overlap Unique survey responses from 47 Canadian academic libraries

4. E-Reserves in Canada: National Survey Update 34 (73%)do have E-Reserves 13 (27%) don't have E-Reserves System of delivery? 11 (32%)Innovative Interface 8 (24%) Endeavor Voyager 6 (18%)Sirsi 4 (12%)Docutek

5. E-Reserves in Canada: National Survey Update Types of materials? –76% e-journal articles linked from databases –68% freely available web-pages –50% class notes, exams, syllabi, prof's notes –18% photographs –9% video / audio

6. E-Reserves in Canada: National Survey Update Copyrighted materials included? 25 (74%) No © materials 8 (24%)Yes © materials

7. E-Reserves in Canada: National Survey Update "We have looked at what would be involved to begin providing scanned copyright protected material and we simply do not have the staff to offer this service within the library." "No (to use of © materials). Obtaining copyright permissions and scanning would be too staff intensive." "The cost and time required for clearance is prohibitive. We won't offer this service until Access Copyright negotiates a digital rights agreement or the legislation changes to allow digitizing for academic institutions."

8. E-Reserves at Windsor: Pilot & Beyond General Statistics: Six semesters [Fall 2002 - Winter 2005] 49 courses total 681 unique readings –457 (67%) no permissions needed (e-articles, web pages, class notes, etc.) –224 (33%) scanned with permission

9. E-Reserves at Windsor: Pilot & Beyond Readings scanned from Print: 269 permissions sought –33 (12%) no response –13 (5%)denied –2 (0.7%)rejected by requestor –157 granted with a fee –67 granted gratis 224

10. E-Reserves at Windsor: Pilot & Beyond Readings scanned from Print: 224 permissions obtained 157 (70%) granted with a fee 67 (30%) granted gratis 157 permissions with fees attached Highest$628 Lowest$14 Median$141

11. E-Reserves at Windsor: Pilot & Beyond Permissions costs: $ 17,007 over six semesters $ 2,835 per semester on average Typical calculation of fees: –per page fee x no. pages x no. students = fee [Eg: 0.13¢/pg x 27pgs. x 50 students = $175.50]

12. Fair Dealing and © Exceptions 17 U.S.C. § 107 (1976) FAIR USE for purposes such as criticism, comment, news reporting, teaching …, scholarship, or research. Section 29 & 29.1, 29.2 FAIR DEALING for the purpose of research or private study, criticism or review, news reporting.

13. Fair Dealing and © Exceptions Section 30.2(1) LIBRARY EXCEPTIONS It is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under Sec.29 & 29.1

14. Fair Dealing and © Exceptions Section 30.2(2)-(5) LIBRARY EXCEPTIONS –by reprographic means –scholarly, scientific, technical periodical, work or newspaper –no fiction, poetry, dramatic or musical work –not published within the last year –Library staff must be satisfied of appropriate use –only one copy of the work –ILL = no delivery in digital format

15. Fair Dealing and © Exceptions

16. Narrow reading: supports an author/creator centered interpretation of copyright that views fair dealing as an exception Rights holders, copyright collectives, publishers Broad reading: supports a balanced, dual-purpose interpretation of copyright that recognizes the integral role of fair dealing in balancing the rights of author/creators Educators, librarians, public policy advocates, and increasingly … creators

17. Fair Dealing and © Exceptions Bill C-60 Sec. 30.2(5) proposed amendment: –ILL request from another library; –print to digital only for delivery; –ensure only one printed copy can be made; –ensure digital copy self-destructs in seven days

18. Fair Dealing and © Exceptions Bill C-60 CLA: Canadian Library Association AUCC: Association of Universities and Colleges of Canada CARL: Canadian Association of Research Libraries

19. Making the Case for Fair Dealing CCH C-60

20. Making the Case for Fair Dealing Copying for Course Reserves, regardless of format, will be limited to purposes of research or private study, as provided for under the Fair Dealing Exception, s. 29 of the Copyright Act, and as unanimously interpreted by the Supreme Court of Canada in CCH v. The Law Society of Upper Canada, (2004) SCC 13, March 2004. Draft Course Reserves Policy at Leddy Library

21. Copyright Reform: where are we now? Conservatives on Copyright The Conservative Party believes that the objectives of copyright legislation should be: a)to create opportunities for Canadian creators to enjoy the fruits of their labour to the greatest extent possible; b)to ensure that the rights of Canadian creators are adequately protected by law;

22. Copyright Reform: where are we now? Conservatives on Copyright c)that these rights are balanced with the opportunity for the public to use copyrighted works for teaching, researching and lifelong learning."

23. Copyright Reform: where are we now? Conservatives on Copyright "The Conservative party believes that reasonable access to copyright works is a critical necessity for learning and teaching for Canadian students and teachers, and that the access to copyrighted materials enriches life long learning and is an essential component of an innovative economy"

24. Contact Joan Dalton Head, Access Services Leddy Library / University of Windsor Ph: 519.253.3000x3201 Em: jdalton@uwindsor.ca