Yes, certainly I think this is one of several provisions that's out of touch with the reality of learning in modern post-secondary education. I think you're right; in many cases students who are using these works will not have run the ambit of uses they need within five days. When you think that a course will often last 120 days, 90 days, they are working with tools throughout that.
I think it's similar to another worrying provision, as mentioned by my colleague, in proposed section 30.01, where for the digital delivery of lessons for online learning, for e-learning, there's a provision that requires that within 30 days of the close of a course, all course materials be destroyed. This is both by the students who are using the materials and the already overworked teachers who have spent many hours preparing the course, preparing their lectures. All materials must be destroyed.
Both these provisions, I think, go to a fundamental lack of understanding of how learning occurs in the academy. The students don't simply take a course. Students don't simply write a paper and then move on to the next course and never think about it again. If you think about a biology student, they take a first-year organic chemistry class, then they take a second-year organic chemistry class, then a third-year. They need to be able to continue to access materials for their courses. They need to be able to take the language that they've used and continue to use it.
I think in the case of interlibrary loans, this is a provision that, for one, would be very hard to enforce. The Canadian Library Association in the last round of copyright reform with Bill C-61 said there was no possible way that they have the resources to enforce this kind of thing.
It also shifts the role, fundamentally, of librarians from being people who are there to assist learning, to facilitate learning, to facilitate education, to being copyright police, and I think that also sets a somewhat worrying precedent. I think that's also something that's very undesirable in the modern institution.
I think more than anything else these kinds of clauses are simply unnecessary. There isn't a problem right now that we have rabid students, foaming at the mouth, just waiting to get their hands on every work in the library so they can copy them and put them on the Internet. I think that's simply not the reality.