Post Tagged with: "Crown Copyright"

Screenshot of 21st ANNUAL REPORT ON GOVERNMENT OF CANADA ADVERTISING ACTIVITIES 2022 to 2023, https://www.canada.ca/content/dam/pspc-spac/documents/rapports-reports/2022-2023/adv-pub-2022-2023-eng.pdf

Bid to End Crown Copyright is Back: MP Brian Masse’s Bill C-374 Would Remove Copyright from Government Works

Crown copyright, which grants the government exclusive copyright in any any work that is, or has been, prepared or published by or under the direction or control, has long been the focus on copyright and open government advocates who have called for its elimination. Under the current system of crown copyright that dates back for decades, government departments can use copyright to limit the publication or distribution of public works. While the government moved away from paid licensing to a non-commercial licence in 2010, commercial uses are still subject to permission and licence. The issue was one of the most controversial at the 2019 copyright review with the committee split on the issue: the government supported the creation of an open licence, while both the Conservatives and NDP backed its elimination altogether.

While debate over crown copyright continues (this 2019 Law Bytes podcast episode with Amanda Wakaruk and Jeremy de Beer focused on it), NDP MP Brian Masse has been a consistent advocate in favour of its elimination. There have been bills to eliminate crown copyright that date back to the 1990s, but Masse has introduced several crown copyright bills in recent years. Last week, he did it again with Bill C-374.

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February 14, 2024 7 comments News
Budget 2019 copyright page, https://budget.gc.ca/2019/docs/plan/budget-2019-en.pdf

Episode 30: “It’s Only Going to Get More Important” – Amanda Wakaruk and Jeremy deBeer on Crown Copyright in Canada

The Canadian copyright review conducted earlier this year heard evidence on a remarkably broad range of issues. One issue that seemed to take committee members by surprise was crown copyright, which captured considerable attention and became the subject of two supplemental opinions from the Conservative and NDP members as well as the basis for a private members bill from NDP MP Brian Masse. Why all the interest in crown copyright?

This week’s Lawbytes podcast digs into crown copyright with two guests. First, Amanda Wakaruk, a copyright librarian at the University of Alberta and one of the country’s leading advocates on the issue joins me to explain the concept of crown copyright and why she thinks it needs to be abolished. I’m then joined by my colleague Professor Jeremy DeBeer to discuss the recent Supreme Court of Canada decision on Keatley Surveying v. Teranet, which was on the first opportunities for Canada’s highest court to grapple with the scope and implications of crown copyright.

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November 4, 2019 Comments are Disabled Podcasts
“A Broad and Liberal Interpretation”: The Supreme Court of Canada Expands Copyright Users’ Rights

“A Broad and Liberal Interpretation”: The Supreme Court of Canada Expands Copyright Users’ Rights

The Supreme Court of Canada today released its decision in Keatley Surveying v. Teranet, a case that involves the application of the Copyright Act’s crown copyright provision to land surveys registered or deposited in provincial land survey offices. The Government of Ontario argued that crown copyright applies to the surveys. The surveyors argued that it did not and were seeking compensation for their inclusion in a database service run by Teranet under licence from the province. The court ruled in favour of the province, concluding that the surveys are covered by current crown copyright provision.

I’ll address the challenges with that decision in an upcoming post, though it is clear that the majority decision written by Justice Abella is open to legislative reform:

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September 26, 2019 5 comments News
Assignments of copyrights photostat copies by mollyali (CC BY-NC 2.0) https://flic.kr/p/5JbsPE

The Authoritative Canadian Copyright Review: Industry Committee Issues Balanced, Forward-Looking Report on the Future of Canadian Copyright Law

In December 2017, the government launched its copyright review with a Parliamentary motion to send the review to the Standing Committee on Industry, Science and Technology. After months of study and hundreds of witnesses and briefs, the committee released the authoritative review with 36 recommendations that include expanding fair dealing, a rejection of a site blocking system, and a rejection of proposals to exclude education from fair dealing where a licence is otherwise available. The report represents a near-total repudiation of the one-sided Canadian Heritage report that was tasked with studying remuneration models to assist the actual copyright review. While virtually all stakeholders will find aspects they agree or disagree with, that is the hallmark of a more balanced approach to copyright reform.

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June 3, 2019 18 comments News
copyright (1) by Maria Elena (CC BY 2.0) https://flic.kr/p/fTtUbc

The LawBytes Podcast, Episode 4: Going Inside Canada’s Copyright Review

The House of Commons Standing Committee on Industry, Science and Technology has spent the past year reviewing the state of Canadian copyright law. The review, which is scheduled to result in a report with recommendations for potential reforms, featured hundreds of witnesses representing a wide range of views. To introduce some of the issues and provide some insight into how the review process functions, this week’s LawBytes podcast relies on the audio recording of my committee appearance in December 2018.  It opens with my seven minute opening statement and continues with several exchanges with MPs on issues such as fair use, the USMCA, crown copyright, and anti-circumvention rules, which are often referred to as digital locks.

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March 25, 2019 1 comment Podcasts