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Clark Wilson LLP Memo on the Acquisition and Use of Commercial Microfilm

CRKN is pleased to provide the following memorandum, commissioned from law firm Clark Wilson LLP, as a resource to members considering the copyright status of newspapers and their digitization.

CRKN commissioned Clark Wilson to produce this memo as a legal analysis of the risks, if any, of digitizing material contained in a newspaper collection microfilmed by a commercial imaging company for possible inclusion in the Canadiana collection. In the past, CRKN has digitized newspapers in the public domain that have been microfilmed by not-for-profit organizations. The collection under consideration includes at least some newspapers published within the duration of copyright and microfilmed by a for-profit company. CRKN was seeking information on what content from this collection has the potential to be digitized and hosted on the Canadiana site, while minimizing and managing any copyright risks.

With the goal of contributing to capacity building within member institutions who are digitizing and making available newspaper content in their own collections, we hope that this memo provides additional information and considerations. The memo offers a legal analysis (which is specific to one particular collection and factual scenario) for determining the copyright status of materials as well as suggested risk mitigation considerations, both of which may be useful.

Please note that this memo is provided for general information purposes only and should not be considered as legal advice. Institutions or individuals interested in understanding the copyright status of their own collections are advised to consult their own legal counsel for specific guidance.

Click Here to Download the Memo

Related Documents

Analysis Regarding Acquisition and Use of Commercial Microfilm
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  • Canadiana
  • License Information
    • CRKN Licensing Principles
    • Model License
    • The Banding System
    • Stakeholder Alignment Group
    • License Negotiations
    • Negotiation Outcomes
      • Invoicing Schedule
    • Directories
    • Publishers and Vendors
    • Tools and Services
      • Foreign Exchange Service
      • Publication Data Report
      • Unsub
      • Perpetual Access Rights Reports (Serials)
  • Open Access
    • Partnership for Open Access
    • Community Open Access Initiatives
    • Read and Publish Agreements
    • APC Discounts
    • Towards Open Scholarship: A Canadian Action Plan
    • Assessment Guidelines for Open Access Publishers
    • CRKN Open Access Journals List
  • Canadiana
    • About the Canadiana Collections
      • Call for Canadiana Collection Development Projects
      • What’s New in the Collections
      • Navigating the Collections
      • System Status
      • Canadiana Citation Guide
      • Canadiana Infrastructure Updates
      • Canadiana Collections Metadata
      • Usage Reports
      • Rights Statement Project
      • History of Canadiana
    • Digitization
      • Digitization Services
      • Digitization Projects
      • Clark Wilson LLP Memo on the Acquisition and Use of Commercial Microfilm
    • Preservation and Access
      • Trustworthy Digital Repository
    • Digital Heritage Content and Preservation Listserv
    • Future of Canadiana
  • Persistent Identifiers
    • ORCID-CA Consortium
      • How to Join ORCID-CA
      • ORCID-CA Governing Committee
    • DataCite Canada Consortium
      • How to Join DataCite Canada
      • DataCite Canada Governing Committee
    • National PID Strategy
    • Canadian Persistent Identifier Advisory Committee
  • Projects and Collaborations
    • NISO Membership
    • SCOAP³
    • FMD Membership
    • Coalition for Canadian Digital Heritage
    • More Projects and Collaborations
  • News and Events
    • News
    • 2025 CRKN Virtual Conference
    • 2025 CRKN Member Summit and AGM
    • Code of Conduct
    • Webinars
  • About CRKN
    • Board of Directors
    • Members
      • Associate Membership
    • Committees
      • Executive Committee
      • Finance and Audit Committee
      • Content Strategy Committee
        • Knowledge Base Entitlements Sub-Committee
      • Preservation and Access Committee
        • Canadiana Content Sub-Committee
        • Platform Technical Sub-Committee
      • Conference Planning Committee
      • Task Groups
      • CRKN Researcher Council
    • Annual Report
    • Staff
    • Careers
    • History of CRKN
    • Ron MacDonald Service Award
    • Strategic Plan