Re: third party reproduction of copies

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Wed, 25 Aug 1999 18:30:54 -0400 ()

On Tue, 24 Aug 1999, Burt Altman <baltman[_at_]mailer.fsu.edu> wrote:
>
> I would appreciate hearing from anyone who may have a good take on
> the following issue:
>
> Should an institution (library or archives) refuse to reproduce
> copies for third parties of archival items which it owns but for
> which it clearly does not hold the copyright? Or can it make a
> fair use copy and tell the third party that they must obtain
> permission before using it in any publication or other work?
>
> I would be happy to summarize responses for the list.

Burt Altman clearly is asking his question from the U.S. legal perspective. The area also has been a problem in Canada, but will become much less so on September 1st, when provisions for exceptions for educational institutions archives, museums and libraries (first enacted as part of the 1997 revisions to our Copyright Act) finally come into force. The regulations for these exceptions were pre-published in the January 30, 1999 Canada Gazette, Part I, and received considerable comment. The final version of the regulations were published in the Gazette, Part 1 on August 18, 1999, and also come into force on September 1st. The Canadian situation may be of some interest to the list.

Essentially, the archival provisions permit "a non-profit archive to make a copy of an unpublished work deposited in the archive after these provisions come into effect, provided that the copyright owner has not prohibited copying and the archive is satisfied that the copy will be used for puposes of research or private study. In the event that a copyright owner cannot be located, and the work was deposited in the archive prior to the coming into force of the exception, the Regulations set out what records must be kept by the archive. These records are open to inspection by the author of the work, the copyright owner of the work, or the representative of the author or copyright owner." (Regulatory Impact Analysis Statement [not part of the Regulations], Canada Gazette, Part II, August 18, 1999, V.133, no.17, p. 2064)

The complete text of final Regulations may be viewed at the following URL:

  http://www.pch.gc.ca/culture/cult_ind/wn-qdn/cangazcan/exception.pdf

and the parts dealing with archival materials are in sections 5, 6 and 7.

Sincerely,

Bernard Katz, Head, Special Collections and Library Development
McLaughlin Library, University of Guelph, Guelph, ON  Canada  N1G 2W1
         and Chair, Ontario Library Association Copyright Task Force

e-m: bkatz[_at_]uoguelph.ca // v: 519-824-4120, ext.2089 // fax: 519-824-6931 Received on Wed Aug 25 1999 - 22:36:16 GMT