The Association of Newfoundland and Labrador Archives represents archives, archivists, and individuals committed to the preservation of archival records in the province. It provided a submission in the national copyright consultation that included the following on digital lock rules: Prohibiting circumvention for legal purposes such as preservation activities by archivists […]
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The Canadian Council of Archives is Canada’s leading archivist organization, with a mandate “to preserve and provide access to Canadian documentary heritage by improving the administration, effectiveness and efficiency of the archival system.” The CCA’s comments on the C-32 digital lock provisions: Bill C-32 prohibits the circumvention of TPMs for […]
Yesterday's posting referenced the damages limitation for libraries, archives, museums, and educational institutions that limits their liability for "innocent circumvention" to an injunction only. It is worth asking why this principle does not extend to all Canadians. If the circumvention occurs for innocent purposes (ie. where the individual did not […]
As noted earlier in the series, unlike some other countries, there is no anti-circumvention exception for teaching in Bill C-61. The one nod to the special considerations for libraries, archives, museums, and educational institutions in the anti-circumvention rules comes in Section 41.19 with regard to potential damages. That provision states […]
Early in the series, I discussed the need for DRM-free library deposits as part of the legislated library deposit program that seeks to preserve Canadian heritage. There are additional library issues, however, that merit discussion. Section 30.1 of the Copyright Act grants libraries (as well as archives and museums) special rights to copy works in order to preserve or manage their collections. These are important rights and any anti-circumvention legislation must not be permitted to render them ineffective.
Section 30.1(1) provides that, under certain circumstances:
It is not an infringement of copyright for a library, archive or museum or a person acting under the authority of a library, archive or museum to make, for the maintenance or management of its permanent collection or the permanent collection of another library, archive or museum, a copy of a work or other subject-matter, whether published or unpublished, in its permanent collection
The circumstances that permit such copying include a copy that is: