Libraries and technology: Canadian and Malaysian copyright exceptions

DOIhttps://doi.org/10.1108/LM-02-2017-0022
Pages415-425
Date14 November 2017
Published date14 November 2017
AuthorRatnaria Wahid
Subject MatterLibrary & information science,Librarianship/library management,HR in libraries,Library strategy,Library promotion
Libraries and technology:
Canadian and Malaysian
copyright exceptions
Ratnaria Wahid
School of International Studies, Universiti Utara Malaysia, Sintok, Malaysia
Abstract
Purpose The purpose of this paper is to provide a snapshot and a comparative analysis of copyright
exceptions available for libraries. It frames the differences and similarities, leading to discussion as to what
extent copyright exceptions help libraries cater the changing technology.
Design/methodology/approach This paper introduces the role of copyright exce ptions in balancing
owners and users intere sts. It explains evolving libraries act ivities due to technological development and
how copyright exceptio ns significantly ap plies. Several factors in Canadian and Mala ysian statutes are
compared, namely, the right s granted, purposes allowe d, beneficiaries affect ed, works involved, and
conditions attached . This signifies to what e xtent the library exce ptions cater to the chang ing needs
and circumstances. It emp hasizes the importance of awareness and u nderstanding in order for libraries to
serve its role effectiv ely.
Findings Both countries consider the use of new technologies in its library exceptions. Malaysian statute
adopts a general approach which can either be flexibly orrigidly interpreted. Comparatively, Canada adopts a
more specific and detail approach that might restrict beneficial activities. This paper calls for extra effort for
policy makers to allow more control of digital works that may serve libraries activities.
Originality/value There has not been any comparative study in the library literature on copyright
exceptions for libraries in Malaysia and Canada. This study aims to provoke such discussion and how each
country may learn from each others practices. It should be useful to the whole library community, particularly
to both countries.
Keywords Canada, Malaysia, Technology, Rights, Access, Balance, Works, Copyright law, Digital works,
Public interests
Paper type Case study
Library at a crossroads
Library is a place where public and proprietary needs meet. Libraries are
significant market for published works. To lawfully obtain works, libraries often spent
enormous amount of money to purchase or enter into license agreement to subscribe
periodicals, reference works and various types of copyrighted works. Libraries then
enable public access to copyrighted works and public domain works. As a gateway to
knowledge and culture, library plays a fundamental role in society since it creates learning
opportunities, support literacy and education, as well as shape new ideas and perspectives
(White, 2012). Libraries also help toward the accumulation of authentic record of
knowledge creation. Library constantly manages its collection and preserves these works
for future generation.
The librariesrole as social organization is, thus, highly depending or shaped by the
balance provided in copyright law and policies for access to information. While copyright
owners expect to benefit from their skill and labor as an incentive to create, the public also
need access to works that would promote science, innovation and learning that would
benefit wider community. This is why, libraries are normally afforded with certain
exceptions to copyright protection. Exceptions to copyright protection are integral in
enabling libraries to effectively deliver its service. Librarians awareness and understanding
on the available copyright exceptions for libraries are pertinent toward advocating a
balance law and policy that serves the authors and publishers interest as well as take into
consideration the users need.
Library Management
Vol. 38 No. 8/9, 2017
pp. 415-425
© Emerald PublishingLimited
0143-5124
DOI 10.1108/LM-02-2017-0022
Received 14 February 2017
Revised 14 March 2017
Accepted 15 March 2017
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/0143-5124.htm
415
Libraries and
technology

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