Should the Crown continue to claim copyright ownership for works disseminated on the Information Highway or should works of the Crown be put in the public domain?
An important distinction must exist between public information and works prepared for the Crown. A fact does not enjoy copyright protection. Legislation, census data, statistics and interpretive documents are clearly "public information" or facts and should enjoy the widest possible availability.
Public access to information prepared by the Crown will enhance Canadian opportunities to create an info-economy. Where the government creates searchable databases of information it is reasonable to recover necessary expenses from users. Any attempt to create a revenue source would defeat the purpose.
Work prepared for the Crown requires different treatment. Where the Crown commissions work from an external source (ie AirTraffic Control Software) it is unconscionable that this product should enter the public domain. The result would be to devalue the product and destroy a successful Canadian industry. Fortunately large corporations supplying the Crown are well equipped to negotiate secure contracts.
The Crown also acquires creative works from many small suppliers. Photographs, illustrations and similar works are commissioned by the Crown. In most cases, the Crown insists upon acquisition of all rights and waiver of moral rights. Small suppliers are ill-equipped to negotiate with buyers representing the Crown. Photography and illustration for government has been traditionally undervalued but undertaken by artists who were assured that the all rights provision covered reproduction in government publications only.
At least one government in Canada has adopted a reprehensible policy of re-selling these images to private industry for artificially low prices. This sends an unpleasant message about copyright and the value of created works. Resale or putting works of this nature in the public domain will devastate the applied arts sector through devaluation of this form of intellectual property. Additionally, the Crown will effectively compete with citizens for market share.
Clearly the success of an information economy depends upon the value placed on intellectual property. Release of creative works into the public domain will be counter to the creation of a 21st Century info-economy where information and creation are the real commodities.
CAPIC has previously recommended that copyright law governing works commissioned by the Crown should not differ philosophically from law regarding any other works. Canada is signatory to the Berne Convention. A guiding principle of the Convention is that the Author shall be First Copyright Holder.
Authors would prefer the granting in writing of Exclusive License to the Crown. This would permit the Crown to develop sound policy for different types of License for different applications. This maintains the value of intellectual property.
Certain research, papers, and commissioned studies would be considered as "public information". The license would permit reproduction and distribution to and by the public. On the other hand photographs, paintings, computer programs etc. would be licensed in a manner which did not permit resale to or reproduction by the public.
Where works are created by bonafide employees of the Crown in the course of employment, the first owner of copyright would be the Crown. A bonafide employee would be eligible for U.I.C. andsubject to Income Tax deduction at source.
Recommendation Crown Copyright should respect the principle
of Author as first owner of Copyright.
Revenue collected in respect of information and facts made available by the Crown
should be limited to recovery of costs.
The Crown should develop model policies respecting the value of intellectual
property and creative works commissioned for use by the Crown.