[Fwd: [ILL-L] Prospero and Copyright question in Canada]
Ralph Daehn
rdaehn at uoguelph.ca
Tue Jun 12 10:06:10 EDT 2007
Hi Clare,
Thank you so much for responding and letting me
know about the additional functionality in Relais
Express. My comments were based on the
functionality in trial version of Relais Express
which I downloaded and presumed to be a
restricted version of the latest available one; I
am still testing/assessing that downloaded trial
version. Also, if in fact, it is possible with
Relais Express to deny an end user the option of
saving the electronic copy of a document, then I
think post-to-Web with your software has a chance
of becoming operational reality without infringing on copyright legislation.
Thanks again.
Ralph
At 09:35 AM 6/12/2007, you wrote:
>Hi Ralph
>
>In response to your comments regarding Relais
>Express – since you last looked at Express
>additional configuration options have been
>added, so that when the end user opens the link
>to the document only the first page of the
>document, typically the cover page is displayed
>and can be saved. A print button is available
>to the user so that a complete copy of the
>document can be printed. Many of our Canadian
>customers are now in the throes of implementing
>desk top delivery for their end users.
>
>This functionality is available in all Relais
>products that have the delivery options enabled.
>
>Clare MacKeigan
>Chief Operating Officer
>Relais International
><mailto:clarem at relais-intl.com>clarem at relais-intl.com
>Phone: 613-226-5571 x70 Toll Free (NA):
>888-294-5244 x70 Mobile: 613-867-5571
>Skype: relais.clare
><http://www.relais-intl.com/>http://www.relais-intl.com
>
>
>
>
>----------
>From: ill-l-bounces at webjunction.org
>[mailto:ill-l-bounces at webjunction.org] On Behalf Of Ralph Daehn
>Sent: Monday, June 11, 2007 4:41 PM
>To: Interlibrary Loan Listserv; Interlibrary Loan Listserv
>Subject: Re: [Fwd: [ILL-L] Prospero and Copyright question in Canada]
>
>Thank you for adding your response concerning
>the Canadian concept of fair dealing. I was in
>error when I stated that nothing has changed
>since the time of my Prospero demonstration
>project when in fact the 2004 ruling by the
>Supreme Court of Canada did clarify the concept
>of fair dealing and how this relates to the Copyright Act.
>
>I am not a copyright expert, so I do wonder if
>the saving and storing of electronic copies of
>documents (which of course is something an end
>user can do) really is acceptable within the
>scope of fair dealing. Both Relais Express and
>Ariel have the ability to post an electronic
>copy of a document in either TIF or PDF format
>to a Web site, where the document is then
>available to the end user, and they also both
>allow sending an electronic copy of a document
>in either TIF or PDF format as an email
>attachment to the end user. Only Relais Express
>has configurable options to restrict printing,
>copying, annotating, and modifying a document.
>However, regardless of whether a library uses
>Relais Express (even with restrictions on the
>copy of the electronic document) or Ariel (which
>does not allow placing any restrictions on the
>copy of the electronic document), the TIF or PDF
>document can still be saved and stored by the
>end user. Therefore, because a library providing
>an electronic copy of a document using Ariel or
>Relais Express has no means of preventing an end
>user from saving that electronic copy, can this
>still be interpreted as being in the spirit of fair dealing?
>
>This is not meant to be an argumentative
>posting. I honestly wonder and would like
>nothing better than to see use of this very
>effective and labor-saving functionality
>available in both Ariel and Relais Express in
>use without legal strings attached.
>
>Ralph Daehn, University of Guelph Library, Guelph, Ontario N1G 2W1
>519-824-4120 ext. 53603
>http://www.uoguelph.ca/~rdaehn/
>
>At 01:07 PM 6/11/2007, Rob Tiessen wrote:
>
>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
>_______________________________________________
>ILL-L mailing list
>ILL-L at webjunction.org
>http://lists.webjunction.org/mailman/listinfo/ill-l
Ralph Daehn, University of Guelph Library, Guelph, Ontario N1G 2W1
519-824-4120 ext. 53603
http://www.uoguelph.ca/~rdaehn/
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