How Copyright Affects Interlibrary Loan and Electronic Resources in Canada

Abstract

n Canada, the Copyright Act, copyright collectives such as Access Copyright, and the terms of negotiated license agreements all affect library practice. This paper will discuss how interlibrary loan practices and access to electronic resources are influenced by these three factors.

For example, the Copyright Act does not allow digital interlibrary loan. Neither does the recent interim Access Copyright tariff, but the 2004 CCH Supreme Court Judgment seems to allow libraries a path forward for digital interlibrary loan. How do Canadian libraries choose between these conflicting messages?

One of the biggest licensing issues facing Canadian libraries are electronic licenses that require Canadian libraries to follow American rather than Canadian copyright law. Two such examples are the CONTU guidelines and section 108 (g) (2) of US Copyright Law. There is nothing equivalent to section 108 (g) (2) in Canadian law, yet it is not uncommon to find Canadian libraries that have signed licenses requiring them to follow this and other parts of American law. How do Canadian libraries deal with conflicting requirements between the license and Canadian law?