Canadian publishers are required to send two copies of all the books, pamphlets, serial publications, microforms, spoken word sound recordings, videorecordings, electronic publications issued in physical formats, such as CD-ROM, CD-I, computer diskette, etc, and one copy of musical sound recordings and multi-media kits they publish, to LAC.
One copy of every publication, in any format, is stored in LAC's preservation collection, where it is kept in a carefully controlled environment and allowed limited use only. The objective is to ensure its availability for future generations.
The use of DRM represents a significant threat to the legal deposit program and by extension the preservation of our national culture. While the LAC may have physical copies of books, sound recordings, and other works, there is a substantial likelihood that those copies will not be available for future generations, who may find themselves literally locked out of their own heritage. Moreover, absent an exception in the law, circumvention by the library would itself constitute infringement. The solution is simple – the government should amend the Library and Archives Canada Act to provide that the deposit program requires submission of DRM-free copies of all works.