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Re: Licensing v. fair use

Forwarded message:
Leslie Ellen Harris
Date: Sun, 2 Feb 1997 12:14:37 -0500 (EST)
Subject: Re: Licensing v. fair use

In a message dated 97-02-01 19:40:49 EST, you write:

<< I would be very interested in further discussion of contract and
licenses vs. Fair Use. >>

It may be of interest to this group that in Canada, we don't have "fair
use"  or any similar thing to the US guidelines.  In fact, there are
virtually no exceptions for libraries and archives under the current
Canadian copyright law.  There is however a bill in Parliament that will
provide some limited exceptions but the passage of that bill is up in the

In the meantime, what this means in Canada is that uses by libraries is
subject to contractual arrangements ie getting permissions from rights
holders.  In 1990, a photocopying collective CANCOPY (see
was formed and although most educational institutions in Canada are now
licensed through Cancopy, libraries other than those in educational
institutions, are now discussing such licenses with Cancopy.  For the most
part, Cancopy licenses do not extend to digital media.  However, Cancopy
and other groups in Canada are discussing the licensing of digital media
to all interest groups. 

Lesley Ellen Harris
Toronto, Canada
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