The Canadian government released a new Canada Food Guide yesterday, the first major update in 12 years to what is reported to be one of its most-requested publications. The guide is viewed as very influential, with copies often found in medical facilities, schools, and other community spaces. Yet despite the demands for distribution, the government has disappointingly adopted a restrictive copyright approach with respect to its reproduction, adaptation or translation. The guide is subject to crown copyright rules and public uses that extend beyond fair dealing require government permission. In fact, Health Canada has posted a lengthy permission form that asks for the following information for those seeking to reproduce, translate or adapt the guide:
Post Tagged with: "Crown Copyright"
Why the Government’s Commitment to “Open by Default” Must Be Bigger Than Open Data
This week, I was pleased to participate in a joint initiative between the University of Ottawa’s Public Law Group and iPolitics to examine the government’s Speech from the Throne from many policy perspectives. This includes contributions from Professors Mendes, Morales, Oliver, Pal, Dodek, Forcese, Chalifour, and Cairns Way. My piece (iPolitics version, homepage version) focuses on the government’s commitment to “open by default”, which appears in all ministerial mandate letters. I note that the emphasis on open and transparent government in the Speech from the Throne was both welcome and unsurprising. Prime Minister Justin Trudeau campaigned on openness and transparency with impressive commitments to transform how Canadians access government information.
Clement Confirms Canadian Non-Commercial Crown Copyright Licence Still Available
Treasury Board President Tony Clement has confirmed in a tweet that the federal government’s non-commercial crown copyright licence remains available. He indicates that a notice to this effect will be posted shortly. I blogged about the removal of the licence with the change in how the government handles crown copyright […]
Government of Canada Quietly Changes Its Approach to Crown Copyright
In 2010, the federal government implemented important changes to its crown copyright approach. While the law vests full copyright in government works, the government notified the public that it was establishing a non-commercial use licence that gave permission for non-commercial uses without the need for permission. The government stated:
Permission to reproduce Government of Canada works, in part or in whole, and by any means, for personal or public non-commercial purposes, or for cost-recovery purposes, is not required, unless otherwise specified in the material you wish to reproduce.
A reproduction means making a copy of information in the manner that it is originally published – the reproduction must remain as is, and must not contain any alterations whatsoever.
The terms personal and public non-commercial purposes mean a distribution of the reproduced information either for your own purposes only, or for a distribution at large whereby no fees whatsoever will be charged.
The term cost-recovery means charging a fee for the purpose of recovering printing costs and other costs associated with the production of the reproduction.
Up until last week, that remained the approach. As of November 18th, it appears to have changed. First, Publications and Depository Services, the branch within the Public Works and Government Services that handled crown copyright, is no longer doing so. It now provides the following notice:
Department of National Defence Uses Crown Copyright To Demand Removal of Leaked Document
The Department of National Defence is using crown copyright to demand the removal of a leaked government document that has been widely discussed and posted on the Internet. At issue is the Canadian Land Force Counter-Insurgency Operations Manual, which the Globe’s Doug Saunders described as “Canada’s military manual and operational […]
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