[PGCanada] Copyright issues

Greg Newby gbnewby at pglaf.org
Fri Apr 16 10:55:17 PDT 2004

On Fri, Apr 16, 2004 at 10:05:02AM -0700, Andrew Sly wrote:
> On Fri, 16 Apr 2004, Steve Solomon wrote:
> > It is possible to extend the offering beyond what is public domain and
> > material with copyright but with valid permission to offer it. It is
> > possible to offer any book that is out of print. I do this at Soil and
> > Health Library. I already am doing it, by functioning as a LIBRARY.
> I believe the relevant Canadian laws that would govern how this could
> be done can be found here:
> http://laws.justice.gc.ca/en/C-42/SOR-99-325/79228.html
> A potentially interesting possibility (regarding copyright)
> is that the Copyright Board of Canada does issue non-exclusive
> licences allowing works to be used, if you can show you have
> made every effort to locate the copyright
> holder, and have been unsuccesful.
> Unlocatable Copyright Owners
> http://www.cb-cda.gc.ca/unlocatable/index-e.html
> This page includes a list of such works licenses have
> been granted for, and as they are non-exclusive,
> could conceivably be legal for PG of Canada to use.
> Of course, more legal research would be needed before
> doing this.
> Andrew

It would be great for PG-CA to pursue such uses.  Our
lawyers in the US scared us away from this, because
it sounds like such exemptions can be handled one
at a time, on request -- putting stuff up for
general download wouldn't fall under the exception.
(Sections 108e and 108h in US Title 17, if I remember

Maybe PG-CA could set a precedent we could use!
  -- Greg

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