Re: [d@DCC] C-36 thoughts

From: Jason Young <jyoung _-at-_ lexinformatica.org>
To: Digital Copyright in Canada <discuss (at) digital-copyright.ca>
Date: Mon, 26 May 2003 08:05:29 -0400
References: <Pine.LNX.4.21.0305252137230.22268-100000@localhost>

Matt,

The language of the precedent National Library Act and the National 
Archives Act is similar to that found in C-36. See National Library 
Act http://laws.justice.gc.ca/en/n-12/85561.html "publisher of a book 
published in Canada"... where "book means library matter of every 
kind, nature and description and includes any document, paper, 
record, tape or other thing published by a publisher, on or in which 
information is written, recorded, stored or reproduced"... shall 
send... two copies... at the publisher's expense... subject to 
regulations...

See also National Archives Act 
http://laws.justice.gc.ca/en/n-2.5/83145.html "producer or 
distributor of a recording" where "recording" means anything on which 
sounds or images or both are fixed, regardless of form. The Archivist 
shall... pay... the actual cost of the making the copy provided...

The regulations made under the National Library Act circumscribe the 
kinds of "books" required to be deposited with the NL. You'll see 
that they exclude, among other categories, "on-line deliberations of 
electronic discussion groups"... newspapers... and "printed books 
that are only manufactured or distributed in Canada and are not 
published under the imprint of a Canadian publisher". Arguably, they 
also exclude the kind of publication Farrell was talking about, 
unless the Librarian specifically requests otherwise.

The anonymous publishing question is interesting, but I don't think 
the requirement for a publisher to deposit a copy with the NL 
necessarily precludes your ability to remain anonymous. For example, 
the author of "The Story of Jane Doe: A Book About Rape" 
http://shorl.com/fudonifrukygry [Indigo] remains pseudonymous to her 
public and presumably the National Librarian, despite her publisher's 
requirement to deposit a copy of said book with the NL.

Speaking of anonymity and publishing, Georgetown Law professor, Julie 
Cohen wrote a very interesting paper on how DRM/DMCA might impact 
freedom of expression. The cite for the article is J. Cohen, "The 
Right to Read Anonymously: A Closer Look At Copyright Management in 
Cyberspace", 28 Conn. L. Rev. 981. Send me a note if you need help 
finding it.

Jason

---

The Minister of Communications, pursuant to subsection 13(3) * of the 
National Library Act, is pleased hereby to repeal the National 
Library Book Deposit Regulations, C.R.C., c. 1109, and to make the 
annexed Regulations respecting the sending of books to the National 
Librarian of the National Library, in substitution therefor.

April 25, 1995

  MICHEL DUPUY

  Minister of Communications

* S.C. 1992, c. 1, s. 144(1) (Sch. VII, item 42)
REGULATIONS RESPECTING THE SENDING OF BOOKS TO THE NATIONAL
LIBRARIAN OF THE NATIONAL LIBRARY
SHORT TITLE

1. These Regulations may be cited as the National Library Book 
Deposit Regulations, 1995.
GENERAL

2. Where copies of a book are not of a uniform quality, one of the 
copies required to be sent to the National Librarian pursuant to 
subsection 13(1) of the National Library Act shall be equal in 
quality to the highest priced edition and shall include all materials 
forming part of the book, but the other copy may be a copy equal in 
quality to the quality of the largest number of copies produced.

3. Subject to section 4, publishers are required to send to the 
National Librarian only one copy of books in the following classes:
(a) musical sound recordings;
(b) multi-media publications consisting of two or more physical parts 
in different formats; and
(c) books produced for initial release in fewer than 101 copies.

4. A publisher is not required to send any copies of books in the 
following classes, unless the National Librarian specifically 
requests them:
(a) newspapers printed on paper;
(b) trade catalogues or advertisements;
(c) forms, wrappers, labels, prospectuses and price lists;
(d) publications wholly or mainly in the nature of timetables of 
transport services;
(e) publications wholly or mainly in the nature of blank books of 
accounts, blank forms of receipts or other forms of a similar 
character;
(f) publications wholly or mainly in the nature of calendars and 
agendas without narrative text;
(g) drawing and colouring books with simple text and books of 
cut-outs for children;
(h) printed books that are only manufactured or distributed in Canada 
and are not published under the imprint of a Canadian publisher;
(i) books or book objects produced by artists, where the artist is 
directly involved in the artistic creation of each copy such as hand 
colouring or paper sculpting;
(j) sound recordings that are only manufactured or distributed in 
Canada and that have no Canadian content or major Canadian 
contributor such as a composer, artist, narrator, conductor, 
orchestra, performer, writer or producer;
(k) books produced for initial release in fewer than four copies;
(l) on-line deliberations of electronic discussion groups;
(m) press releases and circulars;
(n) separately published maps;
(o) programs of activities and events;
(p) reissues of books or portions of books that are not substantially 
different from copies already deposited;
(q) newsletters of local interest, such as those that are published 
by associations, parishes, employee groups, union locals, schools or 
government departments;
(r) unpublished student reports, theses and other works produced to 
meet course requirements;
(s) minutes of meetings and by-laws;
(t) posters and banners;
(u) patterns, models, plans and blueprints;
(v) galley copies or manuscripts;
(w) individual photographs;
(x) bookmarks;
(y) elementary and secondary school yearbooks; and
(z) games.

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