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The Digital Public Domain

is currently in an obsolete format, where the technology required in order to consult the original is unavailable or where the institution’s copy of a work has been stolen or is deteriorating.[1]

Contrary to the making of reproductions of works for the library patrons’ personal use, an activity which is usually limited to the reproduction of only portions of works, the digitisation of works for preservation or restoration purposes involves the reproduction in digital form of entire works. Recognising the library’s and archive’s capital role in the preservation of a nation’s cultural and historical heritage, the copyright systems of a number of industrialised countries expressly allow the digitisation of certain categories of works, albeit under more or less strict conditions. Most laws are silent, however, on the question of whether libraries and archives may convert hardcopies of works into digital copies for purposes of preservation and restoration of their collections. Moreover, even if digitisation is allowed in certain circumstances, the law is not always clear on whether digitisation is permitted only for printed works or also for sound and audiovisual works.

At another level, scientific publishers offer an impressive number of online publications, research tools per discipline, access to the full text of works (pay-site), and “contents alert” services allowing those who register to receive the tables of contents of the journals of their choice by email. Electronic publishing not only makes it possible to consult the articles, whether free of charge of otherwise, but also to track down other sources of knowledge through a document search, links, interactive services, electronic commerce, etc. The Internet and email increasingly offer the research community opportunities that it did not previously have. Access to information has increased as has access to and discussion with those working in similar areas. One other aspect of digital technology, currently in its infancy but which presents enormous possibilities to the research community, is the use of the Internet to reach individuals as research subjects. In particular, there may be significant research benefits to be gleaned where the group being researched is normally difficult to reach and/or the issues being researched are of a particularly sensitive nature.


  1. See Lucie Guibault, “The Nature and Scope of Limitations and Exceptions to Copyright and Neighbouring Rights with Regard to General Interest Missions for the Transmission of Knowledge: Prospects for their Adaptation to the Digital Environment”, Copyright Bulletin (December 2003).