Canadian Collaborations: Library Communications and Advocacy in the time of COVID-19

Authors

DOI:

https://doi.org/10.17161/jcel.v5i1.14920

Abstract

The COVID-19 pandemic forced libraries to unexpectedly and suddenly close their physical locations, necessitating a remote working environment and a greater reliance on digital and virtual services. While libraries were in a better position than most sectors due to decades of experience in licensing and acquiring digital content and offering virtual services such as chat reference, there still were some services and resources that traditionally had only been offered in a face-to-face environment, or were available in print only. There were questions in the Canadian library community about how, and if these programs could be delivered online and comply with Canadian copyright law. This article will describe the access and copyright challenges that Canadian libraries faced during the first nine months of the pandemic and will outline the collaborative efforts of the Canadian library copyright community to respond to these challenges.

References

Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/9997/index.do

Australian Government Department of Infrastructure, Transport, Regional Development and Communication. (2020, August 13). Copyright access reforms. https://www.communications.gov.au/departmental-news/copyright-access-reforms

Ball, C., Nicholson, D., Band, J., Francoise, C., St-Pierre, P., Villarroel Villalon, L., & Hackett, T. (2020, October 7). Pandemic-proof libraries: Lessons from COVID-19 [Video]. YouTube. https://www.youtube.com/watch?v=_6wUpRzu-oo&feature=emb_title

Boire-Schwab, D., Goldenberg, A., Castonguay, J. S., Hillstrom & Landry-Plouffe, L. (2020, November 12). COVID-19: Emergency measures tracker. McCarthy Tétrault. https://www.mccarthy.ca/en/insights/articles/covid-19-emergency-measures-tracker

Canada. House of Commons. Standing Committee on Industry, Science and Technology. (June 2019). Statutory Review of the Copyright Act: Report of the Standing Committee on Industry, Science and Technology. 42nd Parliament, 1st Session. https://www.ourcommons.ca/Content/Committee/421/INDU/Reports/RP10537003/indurp16/indurp16-e.pdf

Canadian academic libraries’ responses to COVID-19 pandemic. (n.d.). https://docs.google.com/spreadsheets/d/1pXasaR7WNPCwVjvn5CPH7g9jU7cmLFrwx4QxRKKEKd4/htmlview#

Canadian Association of Research Libraries. (2020, March). Statement on optimal equitable access to post-secondary learning resources during COVID-19. https://www.carl-abrc.ca/wp-content/uploads/2020/03/CARL_statement_optimal_equitable_access_COVID19.pdf

Canadian Association of Research Libraries. (2020, March 19). Serving student access needs as we rapidly shift to online course and exam delivery: Copyright considerations. https://docs.google.com/document/d/1QIrFXbjTVNkqcRKoGPhqCcOeB_DVi8S6KzbYvxbJPao/edit

Canadian Association of Research Libraries. (2020, November 12). Equitable, affordable access to digital course materials for university students: Issues and solutions. https://www.carl-abrc.ca/news/equitable-affordable-access-to-digital-course-materials-for-university-students-issues-and-solutions/

Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57. https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/15646/index.do

Canadian Federation of Library Associations. (2018, August 27). Position statement: Modernization Crown copyright. http://cfla-fcab.ca/wp-content/uploads/2018/12/CFLA-FCAB_statement_crown_copyright.pdf

Canadian Federation of Library Associations. (2020, May 4). Fair dealing guidance for Canadian libraries during the time of COVID-19. http://cfla-fcab.ca/en/uncategorized/fair-dealing-guidance-for-canadian-libraries-during-the-time-of-covid-19/

Canadian Federation of Library Associations. (2020, May 8). Online storytimes: Copyright guidelines for Canadian public libraries during COVID-19. http://cfla-fcab.ca/wp-content/uploads/2020/05/CFLA-FCAB_online_storytimes_copyright_guidelines_for_cdn_libraries-1.pdf

Canadian Federation of Library Associations & Canadian Association of Research Libraries. (2020, September 21). Canadians need unfettered access to government publications in face of COVID-19. https://www.carl-abrc.ca/wp-content/uploads/2020/10/200921-Crown-Copyright-Letter.pdf

Canadian Research Knowledge Network (2020, October 26). Statement on economic impact of COVID-19. https://drive.google.com/file/d/1wFl3G50x5Dn3x4GVX988K7j4MEZaDzJ/view

CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2125/index.do

Colebatch, C. (2008, July 15). Crown copyright and the privatization of information. [Paper presentation]. World Library and Information Congress: 74th IFLA General Conference and Council, Québec, Canada. https://archive.ifla.org/IV/ifla74/papers/087-Colebatch-en.pdf

Copyright Act, R.S.C., 1985, c. C-42. https://laws-lois.justice.gc.ca/eng/acts/C-42/Index.html

Copyright Modernization Act, S.C. 2012, c. 20, https://laws-lois.justice.gc.ca/eng/annualstatutes/2012_20/page-1.html

Craig, C. J., & Tarantino, B. (2020). “An hundred stories in ten days”: COVID-19 lessons for culture, learning and copyright law.” Joint PIJIP/TLS Research Paper Series. 62. American University Washington College of Law. https://digitalcommons.wcl.american.edu/research/62

Di Valentino, L. (2013, May 17). Review of Canadian university fair dealing policies. SSRN. http://dx.doi.org/10.2139/ssrn.2263034

Di Valentino, L. (2016). Awareness and perception of copyright among teaching faculty at Canadian universities. Partnership: The Canadian Journal of Library and Information Practice and Research, 10(2). https://doi.org/10.21083/partnership.v10i2.3556

Ecclestone, M., Martin, H., & Versluis, A. (2020, October 7). No access, no value: Advocating for more equitable access to course resources when commercial publishers fail us [Conference presentation]. 2020 CRKN Virtual Conference. https://www.crkn-rcdr.ca/en/conference/crkn-virtual-conference/program/no-access-no-value-advocating-more-equitable-access

International Coalition of Library Consortia. (2020, March 13). Statement on the global COVID-19 pandemic and its impact on library services and resources. https://icolc.net/statement/statement-global-covid-19-pandemic-and-its-impact-library-services-and-resources

Jacob, M., Jaszi, P., Adler, P., Carroll, M., Cross, W., Ishmael, K., Ripp, P., & Russell, C. (2020, March 25). Reading aloud: Fair use enables translating classroom practices to online learning. Infojustice. http://infojustice.org/archives/42134

Janicke-Hinchliffe, L., & Wolffe-Eisenberg, C. (2020, March 24). First this, now that: A look at 10-day trends in academic library response to COVID19. Ithaka S+R. https://sr.ithaka.org/blog/first-this-now-that-a-look-at-10-day-trends-in-academic-library-response-to-covid19/

Janyk, R.F., & Lomness, A.R. (2019). Primary rights and the inequalities of e-book access. Proceedings of the Charleston Library Conference. http://dx.doi.org/10.5703/1288284317156

Judge, E. F. (2010). Enabling access and reuse of public sector information in Canada: Crown commons licenses, copyright, and public sector information. In M. Geist (Ed.), From radical extremism to balanced copyright: Canadian copyright and the digital agenda (pp. 598–641). Irwin Law. https://www.irwinlaw.com/sites/default/files/attached/Three_05_Judge.pdf

Judge, E. F. (2005). Crown copyright and copyright reform in Canada. In M. Geist (Ed.), The public interest: The future of Canadian copyright law (pp. 550–594). SSRC. https://ssrn.com/abstract=819112

Keisen Associates. (2020). Japan approves a kind of “fair use” treatment of works in online classes early, facing schooling challenges of COVID-19. https://keisenassociates.com/japan-approves-kind-of-fair-use-treatment-of-works-in-online-classes-early/

Keller, P. (2020, June 23). Hungary’s fast tracked implementation of Article 5 CDSM directive in response to the pandemic. Kluwer Copyright Blog. http://copyrightblog.kluweriplaw.com/2020/06/23/hungarys-fast-tracked-implementation-of-article-5-cdsm-directive-in-response-to-the-pandemic/

Pappalardo, K. (2020, December 3). Researchers, librarians, filmmakers and teachers are waiting for the copyright reforms the government has promised. The Conversation. https://theconversation.com/researchers-librarians-filmmakers-and-teachers-are-waiting-for-the-copyright-reforms-the-government-has-promised-150141

Public Library Association. (2020, May). Public libraries respond to COVID-19: Survey of response & activities. http://www.ala.org/pla/issues/covid-19/surveyoverview

Public statement of library copyright specialists: Fair use & emergency remote teaching & research. (2020, March 13). Accessed November 22, 2020, from https://tinyurl.com/tvnty3a

SLJ Staff. (2020, March 18). Publishers adapt policies to help educators. School Library Journal. https://www.slj.com/?detailStory=publishers-adapt-policies-to-help-educators-coronavirus-covid19

Scholarly Publishing and Academic Resources Coalition. (2020, October, 2). Pandemic amplifies trouble with restrictive licensing and e-textbooks. https://sparcopen.org/news/2020/pandemic-amplifies-trouble-with-restrictive-licensing-and-e-textbooks/

Trosow, S., & Macklem, L. (2020, March 21). Fair dealing and emergency remote teaching in Canada. Sam Trosow WordPress. https://samtrosow.files.wordpress.com/2020/03/fair-dealing-and-emergency-remote-teaching-in-canada-1-1.pdf

University of Guelph Library. (2020, June 22). Commercial textbooks present challenges in a virtual environment. https://www.lib.uoguelph.ca/news/commercial-textbooks-present-challenges-virtual-environment

University of Minnesota Libraries. (2020, March 15). Rapidly shifting your course from in-person to online. https://www.lib.umn.edu/copyright/rapidly-shifting-a-course-online

Urban Libraries Council. (n.d.). Statement on equitable public access to e-books. https://www.urbanlibraries.org/initiatives/statement-on-equitable-public-access-to-e-books

Wakaruk. A. (2020). Reforming Crown copyright in Canada. DttP: Documents to the People, 48(3), 12–17. https://journals.ala.org/index.php/dttp/article/view/7421/10223

Wakaruk, A. (2020, May 1). Fixing Canadian Crown copyright. LawNow, 44(5). https://www.lawnow.org/fixing-canadian-crown-copyright/

York University, et al. v. Canadian Copyright Licensing Agency ("Access Copyright"), et al. leave to appeal to SCC granted, 2020 FCA 77. https://decisions.scc-csc.ca/scc-csc/scc-l-csc-a/en/item/18507/index.do

Downloads

Published

2021-08-27

How to Cite

Winter, C., Swartz, M., Owen, V., Ludbrook , A., Selman, B., & Tiessen, R. . (2021). Canadian Collaborations: Library Communications and Advocacy in the time of COVID-19. Journal of Copyright in Education &Amp; Librarianship, 5(1). https://doi.org/10.17161/jcel.v5i1.14920

Issue

Section

Special Issues - Copyright In the Time of COVID-19