Re: [d@DCC] question

From: Keith Rose <kraken.rider _-at-_ gmail.com>
To: "General Copyright Discussions \(questions, organizing, etc\)" <discuss (at) list.digital-copyright.ca>
Date: Wed, 24 Feb 2010 09:03:20 -0500
References: <3b29b0031002240213m3bf45676s5363c3c72a141219@mail.gmail.com>

reza kashani wrote:
> hello i want information about regulation of copyright in digital
> resource and digital library . and so i want information about fair
> used in digital library
>
>   
This is a rather broad request.  It would be helpful if you were more 
specific about what you were looking for.  In particular, if you're 
looking for legal advice, you should probably speak to a lawyer.

In general, the current Copyright Act in Canada doesn't distinguish 
between digital and non-digital forms for works, nor is there a 
particular notion of a "digital library".  The fair dealing right (s. 
29) is the same for a digital library as it would be for a 
brick-and-mortar library.  The defining characteristic is the purpose of 
the use (for research or private study, criticism or review, or news 
reporting), not the form of the work.

There are specific additional provisions for libraries.  Under s. 30.1, 
libraries may make copies of materials in their collections for various 
purposes, including to preserve them or to prevent deterioration of the 
original.  Under s. 30.2, libraries may make copies of scholarly 
articles and newspapers and or other periodicals that are more than a 
year old, with some limitations.  One relevant limitation is that 
inter-library loans of copies of printed materials may NOT be in digital 
form.  This is, in fact, the only occurrence of the word "digital" in 
the act.

You can find the Copyright Act itself at 
<http://laws.justice.gc.ca/en/C-42/FullText.html>, and the regulations 
applicable to the exemptions for libraries at 
<http://laws.justice.gc.ca/en/SOR-99-325/FullText.html>.

KR
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