Access Copyright Record Keeping Requirements

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Records Kept Under Section 30.2 of the Act

Section 30.2 advises libraries to keep records and in what form to keep them, including recording the Numbers of pages copied. It specifies that the library shall keep the information:

  1. by retaining the copy request form; or
  2. in any other manner that is capable of reproducing the information in intelligible written form within a reasonable time.
  3. records should be retained for at least three years, and that these records should be made available upon request.

Complete information on the act is at https://laws.justice.gc.ca/eng/acts/C-42/index.html

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Clarification Sought

At the March 2004 VDX User Group clinics OLS urged library staff to become familiar with ACCESS Copyright requirements for record keeping. Several OLS libraries had recently received audit letters and we wanted all libraries to be prepared. As a result of discussion at the user group clinics OLS sought clarification on the following questions:

  1. Is it necessary to keep a log of what a library's patrons copy independently photocopiers in the library?
  2. Is a log of copies sufficient, or do the actual request forms need to be retained?
  3. If a log is sufficient, what information needs to be recorded?

In response, staff at Access Copyright sent the following information to OLS on May 5, 2004:

Librarians are required to keep records of what they copy for the benefit of their patrons and what they copy for inter-library loan purposes. They do not have to keep logs of what their patrons copy in the library. The library can either keep a log or the actual request form. The information must be retained for 3 years.

Section 4 of the Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations spells out what information must be kept by the library, as follows:

  1. the name of the library, archive or museum making the copy;
  2. if the request for a copy is made by a library, archive or museum on behalf of a person who is a patron of the library, archive or museum, the name of the library, archive or museum making the request;
  3. the date of the request; and
  4. information that is sufficient to identify the work, such as
    1. the title
    2. the International Standard Book Number, (ISBN)
    3. the International Standard Serial Number, (ISSN)
    4. the name of the newspaper, the periodical or the scholarly, scientific or technical periodical in which that work is found, if the work was published in a newspaper, a periodical or a scholarly, scientific or technical periodical,
    5. the date or volume and number of the newspaper or periodical, if the work was published in a newspaper or periodical,
    6. the date of volume and number of the scholarly, scientific or technical periodical, if the work was published in a scholarly, scientific of technical periodical, and
    7. the numbers of the copied pages.