Bill C-61's library provisions are not confined to e-reserves. The bill adds a new Section 30.2(5.01) to the Copyright Act that is designed to facilitate digital distribution of materials for interlibrary loans. The section states: A library, archive or museum, or a person acting under the authority of one, may, […]
News
CBC on Telecom in Canada
The CBC.ca has begun a special report on telecom in Canada, titled Disconnected. Today's articles include an interview with Jim Prentice and a look at mounting consumer frustration.
Isohunt Files Suit Against CRIA
TorrentFreak reports that Isohunt, a Canadian-based torrent tracker, has filed suit against the Canadian Recording Industry Association. Isohunt is seeking a confirmation that it does not infringe Canadian copyright law.
61 Reforms to C-61, Day 55: E-Reserve Provisions Require DRM
The problems with the e-reserve provisions in C-61 extend beyond just the fair dealing concerns. In order to qualify for the exception, librarians are required to implement DRM-based solutions on the distribution of electronic materials. Yesterday I pointed to the provision that expressly permits digital reproduction. Section 30.02(3) adds two […]
61 Reforms to C-61, Day 54: E-Reserve Provisions Less Effective Than Fair Dealing
The Canadian library community has been one of the most outspoken critics of Bill C-61, expressing concern about (among other things) its impact on electronic delivery of materials. The Canadian Library Association press release on C-61 notes that:
Bill C-61 ignores the fact that the 2004 CCH Supreme Court Judgment already allows Canadian libraries to do desktop delivery of interlibrary loan. Bill C-61 requires libraries to lock up interlibrary loans with DRM tools, something that most libraries would not have the resources to accomplish. Bill C-61 alone would force many libraries back to delivering interlibrary loan via paper copies.
The CLA raises two important issues – the use of fair dealing for e-reserve policies as well as the effective requirement on librarians to use DRM for electronic delivery of materials. Today I will focus on fair dealing and e-reserve policies and save the DRM concerns for tomorrow.
Recent Posts
Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill 
Why The Recent TikTok Privacy Ruling Swaps Privacy for Increased Surveillance 
The Law Bytes Podcast, Episode 245: Kate Robertson on Bill C-2’s Cross-Border Data Sharing Privacy Risks 
The Law Bytes Podcast, Episode 244: Kris Klein on the Long Road to a Right to be Forgotten Under Canadian Privacy Law 
Government Doubles Down in Defending Bill C-2’s Information Demand Powers That Open the Door to Warrantless Access of Personal Information
