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Library and Archives of Canada Act and implications to copyright

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  • Xenia Stanford
    I thought this would be of interest. It was sent by an employee of the National Archives who quotes Wallace McLean so I assume the analysis of the implications
    Message 1 of 2 , May 13, 2004
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      I thought this would be of interest. It was sent by an employee of the
      National Archives who quotes Wallace McLean so I assume the analysis of the
      implications is McLean's:

      Chapter 11 of the Statutes of Canada (Bill C-8) has received Royal Assent
      and is now law:

      http://www.parl.gc.ca/PDF/37/3/parlbus/chambus/house/bills/government/C-8_4.
      PDF


      The effect of this Bill is to merge the National Library and National
      Archives of Canada into one institution.

      On the copyright front, it has done three interesting things:

      1) by being amended in the Senate, it has allowed all previously
      unpublished literary "works", aka archival stuff, whose authors died
      1949, to expire from copyright. These works are now public domain in
      Canada, and anyone can copy, publish, or otherwise deal with this
      historical material in an unlimited and unfettered way. Hooray! This is an
      enormous burden lifted off archivists and researchers alike, and will
      greatly promote and enhance the use and reuse of archival material,
      especially by historians. It also means that there are no longer any
      copyright restrictions in respect of the affected works, when archives
      hope to use new technologies and internet dissemination for conservation
      or public access purposes.

      2) As said in the legislative summary of the Bill: Clause 22 amends
      another provision of the Copyright Act concerning unpublished works
      deposited in archival institutions:

      "At present, section 30.21 of the Act allows an archive to make a copy of
      an unpublished work deposited in the archive on or after 31 December 1998,
      provided the copying is for purposes of research or private study and the
      copyright owner has not prohibited the copying. Where an unpublished work
      was deposited in an archive before 31 December 1998, the work may be
      copied only if the copyright owner's consent is obtained. If, however,
      the copyright owner cannot be located, the archive may copy the work but
      it must observe certain conditions. Notably, it must keep a record of the
      copies made and must make such records available for public inspection.

      Clause 22 of the bill would change this by eliminating the special
      provisions that apply to unpublished works deposited before 31 December
      1998, thus bringing the copying of unpublished archival material under a
      single set of rules, irrespective of the date of deposit. In practical
      terms, this means that archives would no longer have to shoulder the
      administrative and financial burden of tracking down the copyright owners
      of all pre-1999 deposits in order to obtain their consent; nor would they
      have to keep records of the copying in cases where the copyright owner
      could not be found."

      3) And finally, s. 8 allows the new Library and Archives of Canada, in
      pursuit of its more general goals of preserving and collecting Canadian
      works, to "take a representative sample of the documentary material of
      interest to Canada that is accessible to the public without restriction
      through the Internet or any similar medium". S. 30.5 provides that this
      activity is not an infringement of copyright.

      Hopefully at some point in the very near future, this same privilege will
      be accorded to other institutions besides LAC in order to help them build
      and preserve collections of ephemeral internet works within their local,
      topical, or institutional interest.

      Wallace McLean

      Xenia Stanford (president@...)
      A.G.E. Ancestree Genealogical Enterprises
      Column: "Nos Racines Francaise" http://globalgenealogy.com/globalgazette
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      http://www.afhs.ab.ca
    • Bill Boogaart
      For anyone who cannot link to the page Xenia refers to, click on this link. http://snipurl.com/6de0 I ll explain in another message how this works. ...
      Message 2 of 2 , May 13, 2004
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        For anyone who cannot link to the page Xenia refers to, click on this link.
        http://snipurl.com/6de0

        I'll explain in another message how this works.

        At 10:45 AM 5/13/2004 -0600, you wrote:
        >I thought this would be of interest. It was sent by an employee of the
        >National Archives who quotes Wallace McLean so I assume the analysis of the
        >implications is McLean's:
        >
        >Chapter 11 of the Statutes of Canada (Bill C-8) has received Royal Assent
        >and is now law:
        >
        >http://www.parl.gc.ca/PDF/37/3/parlbus/chambus/house/bills/government/C-8_4.
        >PDF
        >
        >
        >The effect of this Bill is to merge the National Library and National
        >Archives of Canada into one institution.

        http://www.afhs.ab.ca
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