Bill C-32: Are You Covered?

Here's a reference question for you: What's the definition of library?

This might seem an easy question for any librarian to answer without consulting a reference source. You should check, though, because according to the Canadian government's proposed new Copyright Act, Bill C-32, if your library is in any way connected to a profit-making organization, you're not working in a library.

"Of Canada's 3,500 academic, public and special libraries, half are 'special'," says, Susan Merry, Chair of the Special Libraries Association Toronto Chapter Government Relations Committee. Of those, about half operate in the for-profit sector, and their specialized collections are shared through interlibrary loan by researchers across the country. "The special library is part of the national library network," adds Merry.

Last November, about 100 librarians attended Merry's Copy-right / Copy-wrong workshop in Vancouver, sponsored by the Special Libraries Association Western Canada Chapter (SLAWCC) and the Vancouver Online Users' Group (VOLUG). The three-hour presentation sparked heated comments about the division created in the library community by the Bill, and the implications for the costs of research and development.

If your information centre isn't defined as a library, then it isn't eligible for the copyright exemptions proposed in the long-awaited Bill, such as making a copy of a work for preservation, insurance purposes or recordkeeping. Without these protections, special libraries in the for-profit sector will need to seek licenses or permission for every copy made, or take the risk of operating under "fair dealing."

Fair dealing is quite an old concept, but has never been clearly defined in Canadian law. It is generally understood to mean that individuals can legally make single copies. Bill C-32 seems to confirm this by stating that it isn't an infringement of copyright to make copies for research or private study. Nor does the proposed legislation preclude libraries in the private sector from the fair dealing concept.

Permission for every copy made would be an administrative nightmare, if not impossible. Alternatively, a license from the Canadian Copyright Licensing Agency (CANCOPY) can be negotiated. This non-profit organization was created by Canadian authors and publishers to help organizations comply with copyright regulations by providing a mechanism for acquiring permission. Payment of fees authorizes you to copy works of publishers that CANCOPY represents; royalties are then distributed for you by CANCOPY.

When considering agreements with licensing bodies such as CANCOPY, you should be aware of the following points, developed by the Special Libraries Association Toronto Chapter:

• involve your organization's legal counsel in the negotiations - this is, after all, a legal issue;
• two types of licenses are offered: transactional and blanket - investigate both to determine which best fits your needs;
• be sure that your holdings are represented by the licensing agent; only a list of publishers not represented is provided by CANCOPY;
• factor out materials not covered by CANCOPY, such as research reports, financial statements and analysts' reports;
• CANCOPY agreements do not extend to materials obtained through online and CD-ROM databases. If you use a large quantity of this information, you're already paying royalties;
• under fair dealing, single copies made by your users for the purpose of research or private study do not require licensing;
• if your organization frequently needs multiple copies of single items, ensure that CANCOPY will accommodate this need;
• businesses with operations in Quebec may need a separate contract with the French language licensing agency l'Union des ecrivans quebecois (UNEQ), because CANCOPY has no jurisdiction in that province;
• license fees are based on the number of full-time equivalent (FTE) professional employees, so be careful to license only those members of your organization who use intellectual property. The fee per FTE varies considerably from one industry to another; and
• you have the power to bargain! Merry encouraged consultations within industries when negotiating licensing agreements. This will allow all involved to arrange licenses on the same terms, or may even result in industry-wide contracts.

To find out more about Bill C-32, visit Bill C-32 Summary. Or visit CANCOPY. Be warned, however, that the origin of all visits to the site are tracked. For more information about how Bill C-32 effects libraries, and how to negotiate a copyright license, contact Susan Merry.