[Fwd: [ILL-L] Prospero and Copyright question in Canada]

[Rob Tiessen]

The 2004 CCH Supreme Court Judgment has changed the copyright law in 
Canada.

Quoting from paragraph 49 of the Judgment:

    "As an integral part of the scheme of copyright law, the s. 29 fair 
dealing exception is always available.  Simply put, a library can always 
attempt to prove that its dealings with a copyrighted work are fair 
under s. 29 of the Copyright Act.  It is only if a library were unable 
to make out the fair dealing exception under s. 29 that it would need to 
turn to s. 30.2 of the Copyright Act to prove that it qualified for the 
library exemption."

In other words as long as the interlibrary loan is a "fair dealing" a 
library doesn't need to follow the digital copy prohibition in 30.2(5) 
of the Copyright Act.  In fact all of the restrictions in 30.2 are gone.

You are doing a disservice to suggest that section 30.2 of the Copyright 
Act is still a valid part of the law that libraries need to follow.




Rob Tiessen
Head, Access Services
University of Calgary Library
tiessen at ucalgary.ca
403-220-6043



Ralph Daehn wrote:
> Hi,
> 
> Since a response to Miguel Escobar's question might be of more general 
> interest, I am replying to the list.
> 
> For information on Prospero, go to the Prior Health Sciences Library, 
> Ohio State University at http://bones.med.ohio-state.edu/prospero/. The 
> most recent version is 1.4, from 2004. Prospero is open source document 
> delivery software originally designed to complement Ariel. The Prospero 
> functionality is included with Ariel 4.1.1 and it is available as part 
> of patron delivery.
> 
> Prospero converts Ariel files (TIFF images) to PDF files and makes them 
> available on a Web server. The user interface allows patrons to retrieve 
> their documents using a Web browser. Access by patrons requires 
> authentication. Documents may be viewed a configurable maximum number of 
> times and and for a configurable maximum number of days. Documents are 
> not restricted to print-only but can be saved.
> 
> The only problem with Prospero and the very similar Web-based patron 
> delivery function included in Ariel 4.1.1 is that the lack of a security 
> restriction limiting documents to print-only. Relais Express, on the 
> other hand, includes a configuration option to limit documents to 
> print-only. This is of some significance because limiting the end user 
> to printing of a document made available in electronic format - i.e., 
> not allowing saving or alteration of the document - is really not so 
> different from a library providing the end user with a printed copy of a 
> document.
> 
> My evaluation of Prospero in the year 2000 showed that there were no 
> technical problems and that Ariel-Prospero interoperability worked well. 
> It also was apparent that appropriate work procedures were quite simple 
> and that integration with existing workflow should have been 
> unproblematic. The greatest argument in favor of providing this type of 
> service was the 24x7 access and availability which would have been a 
> great convenience for end users. The functionality provided as part of 
> the latest version of Ariel is similarly uncomplicated and likely easy 
> to implement operationally.
> 
> It was very disappointing when my evaluation and demonstration project 
> came to an abrupt end with my failure to secure cooperation from CISTI 
> to test Prospero and Web-based document delivery. The following response 
> to my enquiry was received on 13 April 2000 from Christine Midwinter, 
> Marketing Officer, CISTI/NRC: "CISTI cannot authorize you to forward 
> documents electronically to an end user. Unfortunately this would be an 
> infringement of the copyright laws as they now exist in Canada. CISTI 
> cannot condone this practice. At present the documents must be printed 
> and then sent on to clients and no further copies made."
> 
> I include this quote from CISTI because it directly addresses your 
> question concerning Prospero (or any similar Web-based 
> direct-to-end-user delivery of electronic versions of documents) and 
> copyright legislation in Canada which has not changed since the time of 
> my project.
> 
> Ralph Daehn
> 
> 
> At 02:47 PM 6/5/2007, Sue McGillivray wrote:
> 
>> .........  ......
>>
>> -------- Original Message --------
>> Subject:        [ILL-L] Prospero and Copyright question in Canada
>> Date:   Tue, 5 Jun 2007 14:41:56 -0400
>> From:   Miguel Escobar <miguel.escobar at usherbrooke.ca>
>> Reply-To:       Interlibrary Loan Listserv <ill-l at webjunction.org>
>> To:     'Interlibrary Loan Listserv' <ill-l at webjunction.org>
>> References:      <4665a1f5.2c2.5958.24018 at olemiss.edu> 
>> <4665A7D6.7010206 at mail.armstrong.edu>
>>
>>
>>
>> Hi,
>>  We are looking for the product Prospero and we want to know some legal
>> issues about the copyright.  Does Prospero can help librarians meet the
>> needs of users for convenient electronic document delivery with 
>> control over
>> copyright issues?  What is the copyright control that Prospero has?  Also,
>> does anyone do CISTI SOURCE with Prospero?
>>
>> Miguel
>>
>> _______________________________________________
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>> ILL-L at webjunction.org
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>>
>>
>> -- 
>> Sue McGillivray
>> OCUL VDX Project Manager
>> Located at: University of Toronto, Robarts Library, ITS - 7th floor 
>> 130 St. George Street Toronto, ON, Canada M5S 1A5
>> Ph: 416.946.8618
>> FAX: 416.978.1668
>> sue.mcgillivray at utoronto.ca
>> Scholars Portal Racer Support: racer.support at utoronto.ca
>> 1-888-358-2585
> 
> 
> */Ralph Daehn, University of Guelph Library, Guelph, Ontario  N1G 
> 2W1/*       
> */519-824-4120 ext. 53603
> http://www.uoguelph.ca/~rdaehn//*
> 
> 
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