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, […]
Post Tagged with: "61 reforms"
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.
61 Reforms to C-61, Day 53: Education Internet Exception Easily Avoided
Over the past two days, I've argued that the Internet exception for education is both unnecessary and potentially harmful. It is also so easily avoided as to be almost useless. As noted earlier, one way to avoid the exception is the use of DRM. Another is to simply place a […]
61 Reforms to C-61, Day 52: Education Internet Exception Is Harmful
The Internet exception is more than just unnecessary – it is harmful. First, rather than improving access, the exception will actually encourage people to take content offline or to erect barriers that limit access (including DRM). Section 30.04(3) provides that:
Subsection (1) does not apply if the work or other subject-matter – or the Internet site where it is posted – is protected by a technological measure that restricts access to the work or other subject-matter or to the Internet site.
In other words, in return for the exception, CMEC and AUCC has effectively pushed the government to include a provision that encourages creators to use DRM or restrict access to their work. Many website owners who may be entirely comfortable with non-commercial or limited educational use of their materials, may object to a new law that grants the education community unfettered (and uncompensated) usage rights. Accordingly, many sites may opt out of the exception by making their work unavailable to everyone. This is obviously a lose-lose scenario that arises directly out of the exception.
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