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COPYRIGHT REFORM PROCESS
SUBMISSIONS RECEIVED REGARDING THE CONSULTATION PAPERS
Documents received have been posted in the official language in which they were submitted. All are posted as received by the departments, however all address information has been removed.
Submission from Calgary Public Library received on September 14, 2001 via fax, and September 17, 2001 via e-mail
Subject:
PDF VersionComments – Government of Canada
Copyright Reform
C/o Intellectual Property Policy Directorate
Industry Canada
235 Queen Street
5th Floor West
Ottawa, ON
K1A 0H5
FAX: 613-941-8151
e-mail: copyright-droitdauteur@ic.gc.ca
September 14, 2001
Dear Sir/Madam,
I am writing as the Director of the Calgary Public Library, to comment on the Government’s two consultation papers: A Framework for Copyright Reform and Consultation Paper on Digital Copyright Issues.
Calgary has the highest Internet usage per household in Canada, at par with the City of Ottawa; therefore, The Calgary Public Library is concerned about its ability to ensure continued access to quality digital information for our patrons. Supporting the response from Canadian Library Association (CLA) and Council of Administrators of Large Public Libraries (CALUPL); The Calgary Public Library formulates for your review specific comments in the following areas:
· Access Issues and Technology-Enhanced Learning
· Digital Government Information and Library Depository Programs
· Proposed Changes: Term of Copyright Protection (life + 70 years)
Access Issues and Technology-Enhanced Learning or Private-Study
As new alliances are formed on a cross-sector basis, libraries are partnering with government, educational institutions and non-governmental organizations (NGOs) to develop or deliver training of life-long learning programs for all age groups and income brackets.
Libraries have to be able to benefit from exceptions in the area of on-demand communications for research, learning purposes or private study. The Copyright Act refers to reproduction for handwritten materials, overheads and similar devices as not an infringement of copyright for an educational institution or a person under its authority (R.S.C., section C-29.4). The library has to be a recognized partner in technology-enhanced learning with the ability to provide resources for this purpose, within reasonable constraints.
There is a danger of implementing on-demand communication fees for digital or Internet documents (including multimedia) without exemptions for libraries and educational institutions. CANCOPY already promotes two licensing services for the delivery of copy-protected course materials via private and secure networks: Post-secondary Electronic Course Content Service (PECCS) and Electronic Course Content Service (ECCS). The fee structure is already in place: “CANCOPY suggested fee is $ 0.10/page per student or user of service”. In addition there is a cancellation fee per excerpt ($10) and an administrative fee of 10% of royalties (minimum $10 /licensed excerpt). A second model for on-demand communication fees is the proposed Tariff 22 (Internet tariff on music filed by SOCAN, under review by the Federal Court of Appeal – decision expected by October 2001).
Collecting royalties for each webpage or digital document accessed would be a costly, complex process to implement and will reduce the fundamental value of libraries as promoting access to information for research, personal study and enlightenment; and ensuring access for all individuals in our community.
Digital Government Information and Library Depository Programs
The Task Force on Digitization recommended that the Federal Government create a single window for licensing government-held works. The purpose is to streamline copyright clearance systems. The project is at an early stage and will have impact on accessing government information.
The consultation papers for Phase III of the copyright reform do not specify anything about facilitating a digital depository program for libraries. Furthermore, it is not clear if comprehensive government information that used to be available in the past will continue to be available free of charge for on-demand viewing, downloading, e-mailing, printing in libraries or remotely.
Term of Protection Proposed Changes
In the consultation paper: A Framework for Copyright Reform, there is the issue of considering an extension to the current copyright term of protection from life plus 50 years, to life plus 70 years. This extension would achieve consistency with copyright terms in United States and in the European Union.
The Calgary Public Library understands the importance of extending the copyright in the global society. The only difficulty is applying retrospective enforcement, as it would force us to embark on an expensive, complex and lengthy process. Scarce resources will be wasted monitoring twenty years of compliance for a multitude of published formats (print, video, sound or electronic), online subscription services and any links to documents available from the library website.
To conclude, The Calgary Public Library is supportive of a modernization of the Copyright Act that provides a balance between the rights of creators and the needs of users, enhances learning opportunities for all Canadians, stimulates and promotes our culture, and provides diversity of choices for Canadians. These values reflect the role of public libraries as promoters of Canadian culture, literacy and life-long learning programs and resources.
Sincerely,
Gerry Meek
Director
Calgary Public Library
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