Joint Standing Committee on Interloan
[ Last Updated 3 November 2005 ]
Date Received: 2003-02-21
Original version: Digital Copyright: Position Paper Submissions: No. 18: Joint Standing Committee on Interloan [93 kB PDF]
Submission to the Ministry of Economic Development on Digital Technology and the Copyright Act 1994
Alison Elliott
Convenor, Joint Standing Committee on Interloan
For
Joint Standing Committee on Interloan
Note: Paragraph numbers quoted are from the version of the Position Paper on the website.
1. The Joint Standing Committee on Interloan is the national governance body established jointly by the National Library of New Zealand and the Library and Information Association of New Zealand Aotearoa to administer the Interloan scheme. This scheme facilitates resource -sharing between libraries within New Zealand.
2. Copying, an act permitted by Section 53 of the Copyright Act, plays an essential part in the operation of interloan between libraries. For this reason the JSCI considers it essential that the definition of copying in the act must be clear. As paragraph 30 notes "It seems logical that if people can understand copyright law they are more likely to follow it".
3. The JSCI is of the view that the current definition of copying is open to different interpretations. The discussion paper itself suggests that the definition of copying is not sufficiently clear. While paragraph 170 states "in light of its conclusion that the term "copying" encompasses digitisation of print or analogue works" paragraph 178 is much less certain "As it is likely that the definition of copying covers digital copying ...".
4. To address this problem the JSCI supports the Ministry's view (paragraph 39) that the definition of copying should be amended to state that material form includes digital formats. In addition the JSCI recommends that the definition of copying include format shifting, copying a work from one format to another e.g. from print to digital format.
5. The introduction of digital technology into interloan operations has allowed libraries to streamline interloan processes speeding delivery while at the same time providing high quality copies. At present, digital technology is used for transmission purposes between the supplying library and the requesting library. The JSCI recommends that s.53(1) and 53(2) of the Act be amended to allow a prescribed library (the requesting library or the supplying library) to forward the digital copy directly to the user.
6. The discussion paper (paragraph 179) suggests that digitisation of hard-copy material for interloan purposes clearly implicates the rights of copyright owners to digitise their works and make them available in digital form. The paper notes that the concern of copyright owners is that digital distribution of their work increases the number of viable copies in circulation.
7. The JSCI considers that these concerns would be addressed if the sending and receiving libraries were required to delete the digitised copy after transmission. Digital technologies that are currently used to deliver electronic copies, such as Ariel and Prospero, have an automatic deletion date for the copies, to ensure that the copies are "transient". Such a requirement would ensure that the only copy (digital or paper) was the copy received by the requester, so the total number of copies would be the same whether transmission was in digital or print format.
8. Regardless of whether the requester receives the copy in digital or paper format, they are bound by the provisions of section 53 (3) of the Act which states that any person supplied with a copy may use it only for the purposes of research and private study. The provisions relating to research or private study (section 43 of the Act) state that nothing in that section authorises the making of more than one copy of a work.
9. The Ministry notes in paragraph 162 (b) relating to fair dealing for the purposes of research "much digital technology requires the making of transient copies". Digital technology used in interloan processes likewise results in transient copies. The JSCI contends that this transient copying is automatic, part of a technical process and is to allow the functioning of an otherwise authorized act. For these reasons the JSCI agrees with the approach suggested by the Ministry (paragraph 49) that there be a specific purpose based exception and prefers the Australian wording for such an exception (paragraph 50).
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