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Canadian Copyright Law
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Articles

  • Copyright Collectives and Libraries
  • Copyright and Licensing Job Positions
  • Copyright Risk Management
  • A Sample Licensing Policy For Your Library
  • Are Model Licenses the Answer?
  • Copyright Collectives and Digital Licensing
  • E-Commerce for GLAMs and Other Non-Profits
  • Getting What You Bargained For Ė Essential Terms Every Librarian Should Include In A Licensing Agreement
  • How To Be A Better Negotiator
  • Licensing Digital Content - Key Points for Magazine Publishers
  • Re-using your Consulting Work
  • The Value of Digital Content
  • Tips To Follow & Traps To Avoid In Licensing Museum Content


Copyright Collectives and Libraries

While owners of copyright protected materials are increasingly more knowledgeable about their rights and protective over the use of their materials, consumers of copyright materials are also more aware of how the copyright law works and how it applies to their day-to-day tasks in libraries, schools and offices. To aid both owners and consumers, at least with respect to the photocopying of print materials (and moving into the electronic reproduction of materials), copyright collectives around the world help ensure owners are compensated for the use of their works while providing consumers with quick (and usually immediate) access to these works at a reasonable fee.

Below are the results of a survey by this Newsletter to four copyright collectives: the CCC (United States), CANCOPY (Canada), CLA (Great Britain) and Kopinor (Norway).

1. What is the official name of your collective? What is your title?

CCC: Copyright Clearance Center, Inc. Iím Daniel Gervais, Director of International Relations.
CANCOPY: Canadian Copyright Licensing Agency. I'm Diana Barry, Public Relations Manager.
CLA: The Copyright Licensing Agency Ltd. Iím Edward Barrow, Manager, New Technologies.
KOPINOR: Kopinor. Iím John-Willy Rudolph, Executive Director.

2. When did your collective begin operations and what initiated its inception?

CCC: 1978. CCC was created at the suggestion of the U.S. Congress in the course of the adoption of the 1976 Copyright Act. Acting on that suggestion, representatives of the communities of authors, publishers and users of copyrighted material established CCC. Representatives of all three communities continue to sit on CCC's Board of Directors.
CANCOPY: CANCOPY was established by a number of Canada's writer and publisher associations in 1988 when changes to the Canadian Copyright Act made the collective administration of reproduction rights possible. Until that time, the onus had been on individual rights holders to administer their copyright.
CLA: 1982. CLA was established by the 1977 Whitford Report on the law of copyright and designs.
KOPINOR: 1980. In 1974, Swedish authors and publishers signed an agreement with the Ministry of Education on remuneration for reprographic reproduction in schools, and the Norwegian Authors Association and the Norwegian Publishers' Association wrote a letter to the Ministry of Education demanding a similar solution.

3. Who are your members?

CCC: CCC has no members. It acts solely on a contractual basis as an agent for authors, photographers, other creators, publishers and other rights holders.
CANCOPY: Our voting members are thirty of Canadaís national and regional organizations representing writers, artists and publishers. Individual copyright owners (creators and publishers) also become members of CANCOPY by signing agreements authorizing us to represent their reproduction rights. At present, we represent approximately 3,500 Canadian copyright owners.
CLA: The Authors' Licensing and Collecting Society, representing authors; and the Publishers Licensing Society, representing the UK's publishers
KOPINOR: Twenty-one associations of authors and publishers covering all relevant categories of creators' and publishers' the works of which appear in print and are reprographically reproduced.

4. Who are your licensees?

CCC: For reprography, licensees are: commercial, industrial and other businesses (both for-profit and not-for-profit), professional organizations, government agencies, academic libraries, research institutes, copy shops, document delivery services, universities and individuals. For digital network uses, licensees are: for-profit and not-for-profit corporations and universities.
CANCOPY: We have established licenses with schools, post-secondary institutions, public libraries, copy shops, corporations, non-profit organizations, health care institutions, press clipping services, document delivery services, and levels of government. We are now working on licensing law firms and banks, and on expanding our licensing in the corporate sector.
CLA: Local education authorities, independent schools, universities, colleges, government departments, public bodies, for-profit companies and law firms.
KOPINOR: Practically speaking, any kind of entity which has a copier, including educational institutions, central and local government, government-owned corporations, Parliament, courts of law, churches, trade unions and other organizations, law firms, etc. We have not licensed copy shops (preferring to license their customers) or publicly-owned libraries (who can copy according to library privileges in our copyright law).

5. If you have licenses with libraries, specify the type of libraries. (For example, public, government, for-profit, not-for-profit, university, special/corporate, virtual/digital)

CCC: All those mentioned. CCC typically licenses libraries within business, commercial and government organizations, and similar special situations, as an integral part of their respective organizations and on a repertory (blanket) basis. Generally, university, other academic and other not-for-profit libraries (including public libraries when acting as fee-for-service document deliverers) take licenses from CCC on a transactional (individual) basis.
CANCOPY: We have a specific license for public libraries while libraries that are part of corporations, post-secondary institutions, K-12 schools, governments or not-for profit organizations are often covered under a comprehensive license for their organization. However, if the library is doing extensive document delivery or external distribution, special terms and conditions may have to be included in the license.
CLA: Libraries are not specifically licensed; licenses are made with the entire institution (including its library). Most unlawful photocopying takes place outside the library.
KOPINOR: Privately owned corporate libraries are licensed as part of the private corporation. Our university licenses also cover copying for the needs of the staff.

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