For Immediate Release
Canadian Library Association Disappointed,
Concerned with New Copyright Legislation
(Ottawa, June 18, 2008) – The Canadian Library
Association/Association canadienne des bibliothèques (CLA) is
continuing to express disappointment and concern with the
government’s newly announced copyright legislation, Bill C-61.
“There are many troubling aspects to this proposed
legislation,” says CLA President Ken Roberts, “and unless
there are many substantial changes, this should not become
law.”
CLA is disappointed that in many places Bill C-61 appears to give
users some rights, but overall takes away more than it gives.
“The much ballyhooed ‘giving the consumer more
rights’ is smoke-and-mirrors,” Mr. Roberts says.
“Prohibiting access to the tools that give users their access to
legally acquired information is simply wrong.”
The proposed legislation gives rightsholders the power to override
users’ statutory rights either by contract or by the application
of digital locks. CLA believes overriding users’ rights is not in
consumers’ best interests.
“Turning Canadians into criminals because they break a digital
lock so they can legally use a music, video or document file is
Catch-22,” says Mr. Roberts. “We shouldn’t make owning
a hacksaw illegal; we should ensure theft is illegal.”
For a teenager, the criminal risk involved in shoplifting a CD would
be safer rather than circumventing digital rights management (DRM)
software on a CD they purchased to put on their iPod.
Some aspects of the legislation are unenforceable and will simply be
ignored, and others miss opportunities to improve access to information.
One example is the missed opportunity on perceptual disabilities, where
the Bill allows users to circumvent DRM software, but the provisions for
allowing the creation or import of the technology to do so are
inadequate.
Another example is loaning of digital content by libraries. Bill C-61
ignores the fact that the 2004 CCH Supreme Court Judgment already allows
Canadian libraries to do desktop delivery of interlibrary loan. Bill
C-61 requires libraries to lock up interlibrary loans with DRM tools,
something that most libraries would not have the resources to
accomplish. Bill C-61 alone would force many libraries back to
delivering interlibrary loan via paper copies. “On loaning of
digital content, C-61 attempts to move Canada back to the 20th
Century,” says Mr. Roberts. “This is clearly not
workable.”
CLA is also concerned that some of its issues are to be dealt with in
regulations, not legislation. “We don’t know enough to
determine the real impact of this legislation on Canada’s 21
million library users,” Mr. Roberts says. “Bill C-61
attempts to provide balance, but misses the boat for ordinary
Canadians”.
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The Canadian Library Association/Association canadienne des
bibliothèques (CLA) is Canada’s largest national and
broad-based library association, representing the interests of public,
academic, school and special libraries, professional librarians and
library workers, and all those concerned about enhancing the quality of
life of Canadians through information and literacy.
For media interviews, please contact Ken Roberts, Chief
Librarian, Hamilton Public Library, telephone: (905) 546-3215;
e-mail kroberts@hpl.ca.
CLA office contact information: Don Butcher, Executive Director,
613-232-9625 ext. 306; e-mail dbutcher@cla.ca.
Related Links
Canadian Library Association Disappointed with New Copyright Legislation - June 12, 2008
