E-Reserves & Copyright in Canada

Joan DaltonHead, Access Services

Leddy Library / University of Windsor

Presentation Outline

• E-reserves in Canada: Survey update;

• E-reserves at Windsor: Pilot & beyond;

• Fair Dealing and Library Exceptions;

• Making the Case for Fair Dealing;

• Copyright Reform: Where are we now?

E-Reserves in Canada: National Survey Update

2004 Survey: 36 academic libraries, 28 responses 2005 Survey: 117 academic libraries, 36

responses;

Combined: 64 responses, 17 institutions overlap

Unique survey responses from 47 Canadian academic libraries

E-Reserves in Canada: National Survey Update

34 (73%) do have E-Reserves 13 (27%) don't have E-

Reserves

System of delivery?•11 (32%) Innovative Interface•8 (24%) Endeavor Voyager•6 (18%) Sirsi•4 (12%) Docutek

E-Reserves in Canada: National Survey Update

Types of materials?

– 76% e-journal articles linked from

databases– 68% freely available web-pages– 50% class notes, exams, syllabi, prof's

notes– 18% photographs– 9% video / audio

E-Reserves in Canada: National Survey Update

Copyrighted materials included?

25 (74%) No © materials 8 (24%) Yes © materials

E-Reserves in Canada: National Survey Update

"We have looked at what would be involved to begin providing scanned copyright protected material and we simply do not have the staff to offer this service within the library."

"No (to use of © materials). Obtaining copyright permissions and scanning would be too staff intensive."

"The cost and time required for clearance is prohibitive. We won't offer this service until Access Copyright negotiates a digital rights agreement or the legislation changes to allow digitizing for academic institutions."

E-Reserves at Windsor: Pilot & Beyond

General Statistics:• Six semesters [Fall 2002 - Winter

2005]• 49 courses total• 681 unique readings

– 457 (67%) no permissions needed (e-articles, web pages, class

notes, etc.)

– 224 (33%) scanned with permission

E-Reserves at Windsor: Pilot & Beyond

Readings scanned from Print:

269 permissions sought– 33 (12%) no response– 13 (5%) denied– 2 (0.7%) rejected by requestor

– 157 granted with a fee – 67 granted gratis

224

E-Reserves at Windsor: Pilot & Beyond

Readings scanned from Print:

224 permissions obtained• 157 (70%) granted with a fee• 67 (30%) granted gratis

157 permissions with fees attached• Highest $628• Lowest $14• Median $141

E-Reserves at Windsor: Pilot & Beyond

Permissions costs:$ 17,007 over six semesters$ 2,835 per semester on average

Typical calculation of fees:– per page fee x no. pages x no. students =

fee [Eg: 0.13¢/pg x 27pgs. x 50 students =

$175.50]

Fair Dealing and © Exceptions

17 U.S.C. § 107 (1976) FAIR USE for purposes such as criticism, comment,

news reporting, teaching …, scholarship, or research.

Section 29 & 29.1, 29.2 FAIR DEALING

for the purpose of research or private study, criticism or review, news reporting.

Fair Dealing and © Exceptions

Section 30.2(1) LIBRARY EXCEPTIONSIt is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under Sec.29 & 29.1

Fair Dealing and © Exceptions

Section 30.2(2)-(5) LIBRARY EXCEPTIONS– by reprographic means– scholarly, scientific, technical periodical, work or

newspaper– no fiction, poetry, dramatic or musical work– not published within the last year– Library staff must be satisfied of appropriate use – only one copy of the work– ILL = no delivery in digital format

Fair Dealing and © Exceptions

Fair Dealing and © ExceptionsNarrow reading:

supports an author/creator centered interpretation of copyright that views fair dealing as an exception

• Rights holders, copyright collectives, publishers

Broad reading:supports a balanced, dual-purpose

interpretation of copyright that recognizes the integral role of fair dealing in balancing the rights of author/creators

• Educators, librarians, public policy advocates, and increasingly … creators

Fair Dealing and © Exceptions

Bill C-60Sec. 30.2(5) proposed amendment:

– ILL request from another library;– print to digital only for delivery;– ensure only one printed copy can be

made;– ensure digital copy self-destructs in

seven days

Fair Dealing and © Exceptions

Bill C-60CLA: Canadian Library Association

AUCC: Association of Universities and Colleges of Canada

CARL: Canadian Association of Research Libraries

Making the Case for Fair Dealing

CCH

C-60

Making the Case for Fair Dealing

Copying for Course Reserves, regardless of format,

will be limited to purposes of research or private study, as provided for under the Fair Dealing Exception, s. 29 of the Copyright Act, and as unanimously interpreted by the Supreme Court of Canada in CCH v. The Law Society of Upper Canada, (2004) SCC 13, March 2004. Draft Course Reserves Policy at Leddy Library

Copyright Reform: where are we now?

Conservatives on Copyright The Conservative Party believes that

the objectives of copyright legislation should be:

a) to create opportunities for Canadian creators to enjoy the fruits of their labour to the greatest extent possible;

b) to ensure that the rights of Canadian creators are adequately protected by law;

Copyright Reform: where are we now?

Conservatives on Copyright

c) that these rights are balanced with the opportunity for the public to use copyrighted works for teaching, researching and lifelong learning."

Copyright Reform: where are we now?

Conservatives on Copyright"The Conservative party believes that

reasonable access to copyright works is a critical necessity for learning and teaching for Canadian students and teachers, and that the access to copyrighted materials enriches life long learning and is an essential component of an innovative economy"

Contact

Joan DaltonHead, Access ServicesLeddy Library / University of

WindsorPh: 519.253.3000x3201Em: jdalton@uwindsor.ca