Copyright!!!

posted by Sophie @ 4:28 PM

Ross Mutton, John Tooth.

Summary: Significant changes to Canadian copyright legislation have been proposed that could have a major impact on the way in which libraries and educational institutions function, in the manner in which users of these institutions make copies of printed or electronic resources for their own needs, and the manner in which all of these institutions fulfill their teaching and research mandates.


Copyright, circa 2005

Ok, so blogging is not the best place to be discussing copyright. Bloggers are notorious copy-unrighters, having no governing body to oversee quality control and often the adrenaline-rush of anonymity to hide behind. Naturally, I'm a bit trepidatious entering into this session on copyright, seeing as how I'm about to duplicate much of what the speakers say, perhaps infringing on their due copyright, all unintentionally.

Also, apparently, parody, in Canada, is not protected under fair dealing, unlike in the U.S.. Please, rest assured, nothing in this blog is considered parody. We're definitely not funny. All copyright rests with everyone other than us, so please, don't sue.

The issue at hand: the Canadian Committee on Canadian Heritage

Hearings in the spring of 2004 resulted in a report on copyright reform, issued May 12, 2004. The basic message: everything should be licenced. This affects internet use in educational institutions, as according to the legislation, the institutions must pay use of internet material that is not considered public domain (which is apparently about 99% of it.)

The educational reaction: Hold the phone, that's not necessarily the way things should be done. The government reacted in kind, and that reaction is what was discussed in today's session.

Some issues at hand that are relevant for libraries:

Photographic Works

In all cases, the photographer is to be considered the author of his or her photograph, and the term of protection for a photograph will be the life of the author +50 years. First ownership of commissioned photographs now rest with the author, but the commissioners can arrange to have duplicating privileges.

When does the work enter the public domain? This is of issue to libraries, as now the death of the author must be tracked and considered.

Interlibrary loans

Key issue: electronic delivery of ILO material

"The electronic desktop delivery of certain copyright material directly to the patron be permitted, provided that effective safegaurds are in place to prevent the misuse of the material or of the ILO service." This extends e-delivery to the patron, so long as the electronic safeguards, or TPM (technology protection measures) are maintained--in other words, so that the patron can't reproduce the item and distribute it at will. Some issues: what about circumventing the TPM for the purposes of preservation?

Licencing the Internet for Educational Use

Canadian Heritage/Access Copyright wants to licence the internet. Educational usage would have to be bought, at a cost to students and with funds going to Access Copyright, not to government or to schools. The benefit of licencing is to allow distance students to access material without violating copyright.

The educational system protested, and the result--the defeat of the bill that was currently underway to raise the amount of money paid for copyrighted materials from about $2/child to $12/child. That's raising the amount from the 100,000s to the 1,000,000s. And the money goes to Access Copyright. Hunh?

A petition against the proposal is available at www.digital-copyright.ca/petition . For more information check out Jem Berkes' Q&A on proposed changes to Canadian copyright law,

According to the speakers, as CONCERNED CITIZENS!!!, we are very important. Write to MPs, let them know that we can still change things!


Presenter John Tooth gives an empassioned plea for action

Back to the legislation.

There's groundswell behind the protest movement, and action from local MPs, so there should be some discussion, at least, once it gets to caucus.

Where we're going next: Government drafts legislation; legislation goes through 1st and 2nd readings (puts it on the docket) then it goes back out to committee--the critical point for public reaction and intervention.

Next steps: Legislation by June; Committee in the Fall, Passage by christmas (if miraculously fast-tracked). Of course, if the Government falls, all legislation is abandoned...

Some pages to check out:

www.bcla.bc.ca

www.uottawa.ca/copyright/index.html

www.edu.gov.mb.ca/ks4/iru/copyright/index.html

www.cla.ca/resources/copyright.htm