Our clients want to transfer content to portable devices for use in courtrooms, classrooms and at home, for legitimate research and academic scholarship. Technological means are being applied to electronic media in our libraries, whereas our clients were previously able to borrow print materials for home use and study. Increasingly, users of legal information who are not affiliated with a library, such as lay litigants, members of the public and some students, are being deprived of access to the law because of licensing restrictions. Such information, previously provided in book form on open library shelves, now lies on the other side of the digital divide.
We recommend that the proposed wording in Bill C-32 be changed so that any uses that qualify under the fair dealing provisions would not be subject to the anticircumvention prohibitions in the Act. This will prevent the erosion of user rights in the Act, ensure that fair dealing will remain technologically neutral, and ensure that TPMs are designed to accommodate fair dealing in the digital environment.
Previous Daily Digital Locks: Provincial Resource Centre for the Visually Impaired (PRCVI) BC, Canadian Consumer Initiative, Retail Council of Canada, Canadian Council of Archives, Canadian Teachers’ Federation, Canadian Federation of Students, Canadian Civil Liberties Association, Documentary Organization of Canada, Canadian Library Association, Council of Ministers of Education Canada, Business Coalition for Balanced Copyright, Canadian Association of Research Libraries, Canadian Historical Association, Canadian National Institute for the Blind, Canadian Bookseller Association, Canadian Home and School Federation, Film Studies Association of Canada, Canadian Bar Association, Canadian Federation for the Humanities and Social Sciences, Appropriation Art, Privacy Commissioner of Canada, Association of Newfoundland and Labrador Archives