ALIA copyright service: the digital agenda
LACA advises: drop library definition from DA Bill
The House of Representatives Standing Committee on Legal and Constitution Affairs (LACA) has recommended that the definition of 'library' be omitted from the Copyright Amendment (Digital Agenda) Bill. Its report was published on Monday 6 December, and is available from the Commonwealth Parliament website in pdf format at http://www.aph.gov.au/house/committee/laca/digitalagenda/contents.htm
The committee stated that the issue of separating corporate libraries from other libraries for the purpose of copyright enforcement requires more consultation with affected parties and consideration of the Copyright Law Review Committee's report (which recommended that all libraries should have access to the library copying provisions.)
Another important recommendation includes a new concept of first digitisation right. This gives copyright owners the right to control the conversion of their print material to digital or other electronic machine-readable form. This exclusive right would be subject to the following exceptions only:
- fair dealing for the purposes of criticism and review, news reporting, judicial proceedings and profession advice.
- reproduction for preservation
- reproduction, by libraries and archives, at the request of users in remote locations, who cannot obtain a hardcopy of the work within four days through ordinary post.
The committee has devised this concept to satisfy the concern of publishers and other copyright owners that libraries could use their collections to become digital publishers themselves.The committee found no evidence that libraries had or were intending to do so, but, mindful of the speed of technological change, they were concerned to protect the copyright owner as much as was consistent with a right of access to information.
The recommendations affecting libraries are listed through the text of Chapter 2 [of the LACA report ], entitled Fair dealing and exceptions for libraries and archives. They follow:
Recommendation 1
1.24 The Committee recommends that the Copyright Act 1968 and the Copyright Amendment (Digital Agenda) Bill 1999 be amended to provide copyright owners with the exclusive right of copyright in relation to the conversion of copyright material from hardcopy to digital or other electronic machine readable form. That exclusive right should be subject to the following exceptions only:
- fair dealing for the purpose of criticism and review;
- fair dealing for the purpose of reporting news;
- fair dealing for the purpose of judicial proceedings and providing professional advice;
- reproducing and communicating copyright material for preservation and other purposes (the other purposes contemplated are those in sections 51A and 110B including proposed amendments contained in the Bill); and
- reproducing and communication copyright material by libraries and archives at the request of users who, by reason of their location, cannot obtain a hardcopy of the work within four days through the ordinary course of the post
Recommendation 2
2.53 recommends that item 11 of the Copyright Amendment (Digital Agenda) Bill 1999 be omitted, pending further consultation with affected parties and consideration of the Copyright Law Review Committee's report on the simplification of the Copyright Act 1968
Recommendation 3
2.80 recommends that proposed section 49(5A) of the Copyright Amendment (Digital Agenda) Bill be redrafted to make it clear that an article contained in a periodical publication or a published work (other than an article contained in a periodical publication) must be held in the collection of the library or archive
Recommendation 4
2.99 recommends that item 64 of the Copyright Amendment (Digital Agenda) Bill be amended to require a library supplying another library with a reproduction under section 50 to destroy the reproduction, as soon as practicable, after the reproduction is communicated to the requesting library.
This recommendation will not be necessary if Recommendation 1 is adopted
Recommendation 5
2.102 recommends that item 64 of the Copyright Amendment (Digital Agenda) Bill be amended to clarify that the commercial availability test applies to the availability of the particular part of a work or periodical publication requested, within a reasonable time at an ordinary commercial price.
Recommendation 6
2.104 recommends that the amendments to section 50(1) in the Copyright Amendment (Digital Agenda) Bill provide an exemption for certain supply services, such as SUPPLY 1, which access overseas collections, from the requirement of requested material having to be 'held in the collection of the other library'.
Recommendation 7
2.120 recommends that proposed section 51A(3A) of the Bill be amended to provide that a preservation reproduction may not be made available online within the premises of the library or archive unless the work has been lost, has deteriorated or has become so unstable that it cannot be displayed.
The owner of the copyright in the work may object to the reproduction based on factors of material alteration, distortion, or other derogatory treatment of the work.
The committee also recommends a review of the legislation in three years to maintain the correct balance between the rights of copyright owners and users.
Chapter 3 on Educational statutory licences also has implications for educational libraries. The Australian Vice Chancellors' Committee has forwarded the report for legal advice.
ALIA is seeking member's responses to the LACA report on the Digital Agenda Bill. Please take the time to view the report, and send your responses to ALIA National Office, PO Box 6335, Kingston 2604, ph 02 6215 8226, fx 02 6282 2249.
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