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

[Richard Pitt]

Which list - can you provide the original source?

richard

On Fri, 2003-12-19 at 20:35, Wallace J.McLean wrote:
> >  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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