The problems with the e-reserve provisions in C-61 extend beyond just the fair dealing concerns. In order to qualify for the exception, librarians are required to implement DRM-based solutions on the distribution of electronic materials. Yesterday I pointed to the provision that expressly permits digital reproduction. Section 30.02(3) adds two crucial requirements that must be met in order to qualify. First, sub (b) requires libraries to:
take measures to prevent the digital reproduction from being communicated by telecommunication to any persons who are not acting under the authority of the institution;
Second, sub (c) requires libraries to:
take measures to prevent a person to whom the work has been communicated under paragraph (1)(b) from printing more than one copy, and to prevent any other reproduction or communication of the digital reproduction;
In other words, to qualify for the exemption libraries must ensure that the digital copy cannot be further reproduced, communicated or copied. The obvious way to meet this requirement is for librarians to implement DRM solutions that lock down the digital copies. For most librarians, this is expensive and objectionable, ensuring that the new rights to distribute digital copies will be largely ignored.
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