Position Statements
Regulations Related to Bill C-32 Library Exceptions and Parallel
Importation
Approved by Executive Council ~ June 22,
1997
Overview
CLA's overall position on regulations related to libraries and Bill
C-32 is that there should be as few regulations as possible. CLA
believes that the federal government should permit libraries to
implement Bill C-32 without a myriad of federal government bureaucratic
encumbrances.
The focus of libraries and the federal government departments
responsible for implementation of Phase II of copyright reform should be
on copyright education so that all can understand and comply with Bill
C-32. Should significant interpretational problems arise, the relevant
parties should consult further for the purpose of resolving the problem,
with the passage of optional regulations being but one solution.
There are two exceptions to this position. First, CLA acknowledges
federal copyright law which requires the passage of mandatory
regulations related to the affixing and locating of notices warning of
infringement of copyright on library self-serve photocopiers. Second,
CLA, while publicly stating that parallel importation is not a copyright
issue, does expect, now that importation has passed as part of Bill
C-32, that the federal government will implement regulations on the
performance of exclusive distributors based on those agreed to by the
Book and Periodical Council Task Force on Industry Guidelines.
CLA's Position on Specific Bill C-32 Regulations
-
Regarding Self-serve
Photocopiers
30.3 (5) "The Governor in Council may, for the purposes of paragraph
1(c), prescribe by regulation the manner of affixing and location of
notices and the dimensions, form and contents of notices."
-
For non-profit libraries which do not
have CanCopy licensing agreements, a single bilingual sign is sufficient
to describe copying under Canada's amended Copyright Act.
-
For non-profit libraries which have
CanCopy licensing agreements, all of which require the posting of a sign
describing copying permitted under the license, there only be one
sign.
-
The costs of new signage be borne by
CanCopy or the federal government.
The libraries' public must be aware that the law does permit exceptions
from copyright for specific uses.
-
Regarding the Management and
Maintenance of Collections
30.1 (4) "The Governor in Council may make regulations with respect to
the procedures for making copies under subsection (1)." and [30.1 (2)
cannot copy..."where commercially available in a medium and of a quality
that is appropriate] and also "at a reasonable time, effort and
price."
-
Regarding Copies of Articles for
Research or Private Study for Any Person, and Acting on Behalf of a
Patron of Another Library, Including Inter-library Loan
30.2 (6) regulations are optional for defining "a scholarly, scientific
and technical periodical" as well as a "newspaper and periodical", for
"prescribing the information to be recorded about articles and ILL, and
the conditions set out for ensuring "research and private study."
-
The language of the Bill is sufficiently
clear regarding the kinds of materials that may be copied and the
purposes for which they may be copied.
-
Any regulations in this area would impose
undue burdens on staff at all levels, either in ruling on definitions in
individual instances or in keeping "just-in-case" records.
-
Keeping extensive records of transactions
related to copying of articles and ILL raises privacy issues as a result
of associating a particular patron with a particular record.
-
The requirement that the library be
satisfied that the material being copied will be used only for research
or private study must be met through signage and/or information
brochures.
-
Regarding Parallel Importation
for Exclusive Distributors
2.6 "The Governor in Council may make regulations establishing
distribution criteria for the purpose of paragraph (b) of the definition
"exclusive distributor" in section 2."
