[d@DCC] Message from Bruce Stockfish, Copyright Policy Branch.

[Wallace J.McLean]

>  I've edited this message to include the english text, and remove the Cc:
>which included many other peoples email addresses.

<SNIPPEROO>


Interestingly, the occasionally-updated and usually apallingly
uninformative Heritage Canada copyright page does not even avert to the
fact that C-36 died on the order paper when Parliament was prorogued the
second week of November.

However, more disturibing is that after the sham consultation they
conducted on the Wanda Noel recommendations that were incorporated into
C-36, back in 2002 and early 2003, THEY ARE AT IT AGAIN. The text below
was distributed on another list today.

Of note:

1) No invitation has been extended to USERS of archival materials, even
though other sections of the records-keeping regulations require
information to be kept identifying users.

2) The regulations at immediate issue "sunset" after December 31, 2003.
Why are the departments only now, on December 19th (!!!!!), soliciting the
opinions of archives and rights-holders (but not users!) as to whether
this sunset should, in fact, happen?

3) Why the extremely short response period (until December 22)?

4) And why the deadline on a non-existent date (is it Friday the 19th, or
Monday the 22nd?)

5) And why not publish this notice to its copyright reform web site? Isn't
this the whole point of a web site, to disseminate... stuff? Quoth one
Bruce Stockfish, Director General, Copyright Policy Branch, Department of
Canadian Heritage:

>This website is an important tool in our efforts to communicate with our
>stakeholders and the general public.  User feedback plays a critical role
>in improving this service, so please do not hesitate to contact us should
>you have any questions or comments. 


Here's the text:

* * *

As part of the last round of amendments to the Copyright Act, exceptions
were created to enable libraries, archives and museums to assist their
patrons with access to copyright material.  Under Section 30.2, libraries,
archives and museums can make a single reprographic copy of certain
publications for their users in the same way that users can make single
copies themselves under the fair dealing provisions.

In addition to conditions for this exception, several regulations for use
were also implemented.  Among these Exception Regulations (SOR/99-325) is
a requirement that records of copies provided be kept.  The records must
include the name of the library, archive or museum making the copy, the
name of the library, archive or museum requesting the copy, if applicable,
the date of the request, as well as information sufficient to identify the
work. The records must be kept in an intelligible form for three years
after the copy was made, and can be requested in writing once a year by
the owner of the copyright, the owner's representative, or authorized
collective society. These record-keeping requirements expire on December
31, 2003.   

The Regulation Impact Assessment Statement (RIAS) SOR/99-325 published in
the Canada Gazette on August 18, 1999, mentions that:

                "This "sunset" clause will provide libraries, archives,
museums and copyright owners the opportunity to assess, over a set period of
time, the costs and benefits of this particular record keeping
requirement. Prior to the "sunset" date, the Departments of Industry and
Canadian Heritage will review the operation of this provision with
affected stakeholders."

In this context, we would like you to respond to the following questions:

RIGHTS HOLDERS' REPRESENTATIVES

        How often have you or your members requested Section 30.2 records
from a library, archive or museum before the current calendar year?

        How often have you or your members requested Section 30.2 records
from a library, archive or museum in the current calendar year?

        If you or your members have requested these records, have they
found them useful?  If yes, why?

LIBRARY, ARCHIVE, MUSEUM REPRESENTATIVES

        How often have you or your members been requested to produce
Section 30.2 records before the current calendar year?

        How often have you or your members been requested to produce
Section 30.2 records in the current calendar year?


We of course welcome your feedback on other aspects of the record-keeping
regulation.   Please reply no later than Friday, December 22 by e-mail to
Copyright-droitdauteur at ic.gc.ca <mailto:copyright-droitdauteur at ic.gc.ca>
or by fax at (613) 941-8151.  Thank you for your input.

Susan Bincoletto
Director, Intellectual Property Policy Directorate
Industry Canada              


Bruce Stockfish
Director General
Copyright Policy Branch
Department of Canadian Heritage
                                
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