Crown copyright

Crown copyright is a type of copyright protection. It subsists in works of the governments of some Commonwealth realms and provides special copyright rules for the Crown, i.e. government departments and (generally) state entities.Judge, E. F. (2011). Crown copyright and the reuse of government information: Access and limitations. In P. Garvin (Ed.), Government information management in the 21st century : International perspectives (pp. 211–222). Burlington, VT: Ashgate Pub. Each Commonwealth realm has its own Crown copyright regulations. There are therefore no common regulations that apply to all or a number of those countries. There are some considerations being made in Canada, UK, Australia and New Zealand regarding the "reuse of Crown-copyrighted material, through new licences".

Crown copyright by country Australia The Copyright Act 1968 (Cth)Commonwealth of Australia. is the single Act mandating copyright policy for government and non-government works in Australia. Sections 176(2) and 177 of the Act provide that the Australian Government or a government of an Australian state or territory owns copyright in an original literary, dramatic, musical or artistic work: made by or under the direction or control of that government, or first published in Australia by or under the direction or control of that government. Copyright in such copyright material subsists until 50 years after the calendar year in which the material is made (s. 180).

Copyright in legislation and court or tribunal judgments, orders or awards is not infringed by making one copy of the whole of a work or part of it, provided the copy is not sold for a price that exceeds the actual costs of copying (s. 182A(3)).

An extensive review was carried out in 2004 and the findings were published in 2005 in the Copyright Law Review Committee's report. The chief recommendation was to end the distinction between the Crown and other copyright holders. In particular, the committee was "emphatic" that the Crown should lose its unique position of gaining copyright over material whenever it is the first publisher of such material. For example, a previously unpublished short story, upon being published in a government work, would cease to belong to the author and would instead become Crown copyright, denying the author any future royalties or rights to it. The 2005 report issued by Australia's Copyright Law Review Committee supports a repeal of Crown copyright provisions, which would "respect statutory provisions respecting employer ownership of works authored by employees and contractual arrangements for assigning copyright in commissioned works." By 2009, there were recommendations to change Crown copyright, allowing Crown copyrighted works to be licensed and given open access.Australia 2009, Engage: Getting on with Government 2.0 Taskforce, 10–11.

In 2009, the Victorian Government used Crown copyright to deny public access to data about the Black Saturday bushfires.

Canada Since an amendment that came into force 30 December 2022, copyright in Canada lasts for "the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year." For Crown copyright however, there is a slight difference. Canadian Crown copyright is based on the concept of royal prerogative and "is not subject to the usual statutory copyright term". This prerogative is referenced at the outset of section 12 of the Copyright Act, which states that this section is made "Without prejudice to any rights or privileges of the Crown". Crown copyright covers all works that are "prepared or published by or under the direction or control of Her Majesty or any government department." In this way, "work produced by government departments, whether published or unpublished, may be protected either permanently or at the whim of the Crown". Subsequently, Crown copyright can be, in certain cases, "said to be perpetual...and not to lapse through non-use or non-assertion", and that a "right to certain works by prerogative amounts to a perpetual term of copyright protection". One example is where the "Arms of Canada as designed in 1921 and revised in 1957...[and] as revised in 1994...are protected under the Trade-marks Act and the Copyright Act", maintaining Crown copyright long after the normal 50-year period. Crown copyright exists for a variety of reasons, such as to ensure accuracy and integrity, to control symbols used to identify the Crown and its agents, as well as to supervise and control the publication of government works as the public's trustee.

In Canada, Crown copyright also applies to "primary law, but there are certain circumstances however when reproduction is allowed. The reproduction of statutes, consolidations of legislation, judicial reasons for judgments, and administrative tribunal decisions is covered by the Reproduction of Federal Law Order" the reproduction of primary law is also permissible as long as it is represented as a reproduction and is accurate. There is also open access online to versions of case law and statutes. Canada has implemented a variety of open data portals for GIS data as well as a geographical information licence. In Canada, open data projects can also provide some content. Aside from specialized GIS licensing, licence negotiations and agreements must be made to the Crown Copyright and Licensing department.

Exceptions While raw data is free from copyright protection – the creation of any work based on raw data (for example, in a geographical information system) is protected.

E-petition and review There was an e-petition submitted to the House of Commons in 2017, which asserts that the Canadian Crown Copyright protocol needs to be updated to allow access and distribution rights to Canadians. The e-petition argues that "access to government information and the ability to distribute and encourage its reuse" is critical to society.Canada. Parliament. House of Commons. E-petitions (2017). E-1116 (Copyright). 42nd Parliament. https://amandawakaruk.ca/crown-copyright-in-canada/e-petition-1116/ The petition also states that Crown copyright issues have prevented libraries from engaging in the access and preservation of government information. Following the 2017 petition, the House of Commons formally responded and highlighted the review of the Copyright Act, which began in June 2018 and will resume September 2018.Canada. Parliament. House of Commons. Standing Committee on Industry, Science and Technology (2017). Statutory Review of the Copyright Act. 42nd Parliament, 1st session.

Specific terms and conditions are as follows: Jurisdiction Type of licence Description Reproduction of Federal Law Order Anyone may, without charge or request for permission, reproduce enactments and consolidations of enactments of the Government of Canada, and decisions and reasons for decisions of federally constituted courts and administrative tribunals, provided due diligence is exercised in ensuring the accuracy of the materials reproduced and the reproduction is not represented as an official version. About Crown copyright Crown copyright and Licensing is no longer centrally administered. For specific Crown copyright information, the department or agency that created the information must be contacted. This has resulted in varied approaches by different organisations, where "the non-commercial licence has disappeared from the Public Works and Government Services site and it is unclear whether it remains active", and where "some departments have denied permission or asserted Crown copyright to take down content." Guidelines Covering the Reproduction of Provincial Legislation A person may make a copy of specific acts or regulations, in whole or in part, for personal use or for legal use.

Libraries may make single photocopies of specific acts or regulations, in whole or in part, in response to requests from the public, subject to the following rules: The person receiving the photocopied legislation may only use such materials for personal use or for legal use, and should be advised of this when the photocopy is provided. Personal use refers to private study or private research. It does not include permission to make copies. Legal use refers to reproduction of legislation within letters of advice provided by a lawyer, accountant or other professional as well as reproduction of legislation for use in judicial, administrative or parliamentary proceedings. Legislation may NOT be reproduced by or for members of the public for purposes other than personal use and legal use without the prior written consent of the Intellectual Property Program. Court Services Online – Copyright notice The following policy governs the operation and management of the government's main Web site and all Web sites of ministries, and agencies reporting to ministries.

All material owned by the Government of British Columbia is protected by copyright law. It may not be reproduced or redistributed without the prior written permission of the Province of British Columbia.

Court record information on this web site may not be reproduced or redistributed without the prior written permission of the court.

For requests relating to the reproduction of provincial legislation, permission is subject to the conditions outlined in the Guidelines Covering the Reproduction of Provincial Legislation. Copyright and Permission Statement Alberta King's Printer holds copyright on behalf of the Government of Alberta in right of His Majesty the King for all Government of Alberta legislation. Alberta King's Printer permits any person to reproduce Alberta's statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format:

The year of first publication of the legal materials is to be completed.

The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Copyright notice Materials on this website are owned by the Government of Saskatchewan and protected by Crown copyright.

Unless otherwise noted materials may be reproduced for non-commercial purposes. The materials must be reproduced accurately and the reproduction must not be represented as an official version. As a general rule, information materials may be used for non-profit and personal use. There are important exceptions to this general rule: Information containing identifiable information about private citizens may only be used with the individual's permission. Certain graphic images including the website Banners, the Coat of Arms and Wheat Sheaf are Government logos and emblematic of the Saskatchewan Government. These images may not be reproduced on non-Government materials, without the written permission of Executive Council Communications Services.

Reproduction of any materials for commercial purposes requires the advance written permission of the Government of Saskatchewan.

Crown copyright should continue to be acknowledged in the following form:

© 2011, Government of Saskatchewan. Copyright Notification The following statement governs the operation and management of the government's main website and all departmental websites, and reporting agencies.

This material is owned by the Manitoba government and protected by copyright law. It may not be reproduced or redistributed without the prior written permission of the Province of Manitoba.

For requests relating to the reproduction of provincial legislation, permission is subject to the conditions outlined in the Manitoba Laws Notification web page.

Permission

Crown copyright

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