"According to Canadian Law, you need the
permission of the owner the copyright of a document(even when the document
is available for free by the owner) , to print it, to digitige it, to copy
it, to transform it, etc. for personnal use. I am pretty sure it is the same
in the U.S. for what I have read on the subject."
Exactly what part of the Canadian Copyright Act are you getting this from?
First of all individuals have the right to make a copy of an
insubtantial portion of a work in the fair dealing sections of the act
for the purposes of research, private study, criticism, review or news
reporting. Sections 29 - 29.2 of the act. This is all without
permission of the copyright holder. The Copyright Act does not define
how much of a work is insubstantial. Sections 39.3 - Section 30 allow
additional limited copying privileges which also don't require asking
the copyright holders permission or a licence.
Section 30.1 of the Act allows libraries to make copies of entire works
without permission of the copyright holder for the preservation of the
collection.
In section 30.2 of the act libraries have the right to run photocopy
services and interlibrary loan services on behalf of their users. Of
course the 2004 CCH Supreme Court Decision seems to have opened things
up much more for libraries than the actual text of the act.
Section 80 of the act allows users to make copies of music for their
personal or private use in exchange for the recording levy that all
Canadians must pay when purchasing blank CD's or cassettes.
So there are many instances when Canadians may legally make copies of
copyrighted material without getting permission from the copyright holder.
Rob Tiessen
Head, Access Services
University of Calgary Library
tiessen[_at_]ucalgary.ca
403-220-6043
Nicole Davignon wrote:
> I am a Canadian librarian, I do research on the Internet all day for my
> work. I find documents on the web that should not be there all the time.
>
> For your information a copy is a reproduction whether you copy it in a
> printed or digital form.
>
> According to Canadian Law, you need the
> permission of the owner the copyright of a document(even when the document
> is available for free by the owner) , to print it, to digitige it, to copy
> it, to transform it, etc. for personnal use. I am pretty sure it is the
> same
> in the U.S. for what I have read on the subject.
>
> That's the law.
>
> Now let's talk about real life. Nobody asks permission to copy a printed
> document or to download information from the web for personal use. «
> Personal use » meaning for most, the personal use on an entire institution.
> Don't kid yourself, you can be sure that at least one of person in that
> institution will give this copy to somebody else and that somebody else who
> believes in freedom of information will put it on the Web.
>
> Nicole Davignon
>
>
>
> 2006/9/6, Seso Digital <sesodigital[_at_]gmail.com>:
>
>>
>> Samuel:
>>
>> Forgive me if someone else has brought this up, but I'd look to see
>> if your country (I'm assuming from the domain name that it is not the
>> United States) has a section analogous to our Section 108, which
>> allows certain acts of copying by a library or archives if the work
>> is threatening to become unavailable via technological obsolescence
>> or deterioration. There are too many factors that weren't mentioned
>> (or I missed), but instead of a default "no" position on these
>> things, I look for exception besides fair use.
>>
>> From the limited amount of information I have here, the first thing
>> I thought of was that if you're working in the U.S. for a library or
>> archive, then Section 108 might apply. Even before that, I'd
>> determine if the books still qualified for copyright protection. If
>> this was under U.S. law, I'd try to determine originality and
>> fixation, then term, before I even got to the possible Section 108
>> exception.
>>
>> Again, all this is from a U.S.-centric viewpoint, which may or may
>> not apply here. Still, I think the analysis is transferable.
>>
>> I agree copyright must be respected, as must the public's right to
>> fairly use protected works pursuant to codified exceptions to codified.
>>
>> K. Matthew Dames
>> Executive Editor
>> CopyCense
>>
>>
>> On Aug 30, 2006, at 14:55, Samuel Murray wrote:
>>
>> > G'day everyone
>> >
>> > What would you say about the legality of scanning a book into
>> > electronic format so that you can more easily search it? The book
>> > is owned by you and you do not distribute the scanned copy, and the
>> > hardcopy is by nature of the scanning process destroyed in the
>> > process. In what sort of cases would this be okay? The scanned
>> > book will be used in an office setting.
>> >
>> > Samuel
>> >
>> >
>> >
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>
Received on Sat Sep 09 2006 - 00:00:01 GMT