Dear APLA members,

As promised, below is a summary of the CLA Copyright Working Group'a discussions
and plans at the CLA:

Further updated information about Copyright Legislation will be provided under a
separate cover.

Copyright CLA discussions summary, CLA Vancouver May 22, 23:

Background Working Document:
http://www.cla.ca/AM/Template.cfm?Section=News1&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=5071

1) Status of copyright legislation:

? Uncertainty about the status of copyright legislation, including the timing
of any legislation. The bill has not yet been introduced to parliament, and
recently it has been believed that a bill might be introduced in June (still
unknown as of this writing)
? There is concern that what is introduced to Canadian parliament may closely
resemble American, and subsequent Australian and South Korean copyright laws
? CLA is only one group of many in Canada that are concerned about new
copyright legislation. In other words, we are not alone!

Action items for status of copyright legislation:


? Urge CLA members to use CLA copyright letter to MP template to send concerns
off to MP?s the first week of June, i.e., before there?s a chance that the
bill can be introduced
? Individual copyright working group members should also lobby MP?s in
person if possible or though mails, web, etc.
? Copyright working group members will schedule a conference call as late as
possible on the day that legislation is tabled so that our various perspectives
can be shared (that is, if it is tabled on a morning)
? Copyright Working Group will advise CLA of what transpires during this
conference call and then work with them to seek the clearest information
possible on the Bill?s potential impact on CLA members.


2) Fair dealing provision

? Observation that too often libraries ask permission or pay copyright
royalties because of uncertainty about whether fair use applies.
? Clarification broadly needed for all AUCC Libraries: the Copyright Act
provides that it is not an infringement of copyright if work is being used for
research, private study, criticism, review or news reporting

Action items for fair dealing provision:

? Key role for Working Group is to educate particularly small universities on
fair dealing and how it applies to Library services and collections
? Copyright Working Group members should educate their constituents on 6
factors to consider in determining fair dealing: purpose or intention of copy;
how is the work being dealt with; importance/amount of work used in the
dealing; availability of a non-copyrighted equivalent; whether or not the work
has been published or is confidential; question of competition with the market
for the original work
? Copyright Working Group members should educate constituents that fair
dealing is a user?s right

Again, please stand by for a further update under separate cover.
Sincerely,
Jane Duffy, APLA Representative, CLA Copyright Working Group
--
Jane C. Duffy, M.A., M.L.S.
Associate University Librarian
Dalhousie University
6225 University Ave.
Halifax, Nova Scotia
B3H 4H8

Ph: (902) 494-6005
Fax: (902) 494-2062
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