Crown copyright

Last updated

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. [1] 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". [1] [ needs update ]

Contents

Australia

The Copyright Act 1968 (Cth) [note 1] [note 2] 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:

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. [3] 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 For example, a previously unpublished short story, upon being published in a government work, would cease to belong to the author and would instead become Crown copyright, denying the author any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." [1] By 2009, there were recommendations to change Crown copyright, allowing Crown copyrighted works to be licensed and given open access. [4] [ needs update ]

In 2009, the Victorian Government used Crown copyright to deny public access to data about the Black Saturday bushfires. [5]

Canada

Normally, copyright in Canada "exists for the life of the author/creator, the remainder of the calendar year in which he is deceased, plus fifty years after the end of that calendar year". [6] For Crown copyright however, there is a slight difference. [7] [8] Canadian Crown copyright is based on the concept of royal prerogative and "is not subject to the usual statutory copyright term". [9] This prerogative is referenced at the outset of section 12 of the Copyright Act , [9] which states that this section is made "Without prejudice to any rights or privileges of the Crown". [6] Crown copyright covers all works that are "prepared or published by or under the direction or control of Her Majesty or any government department." [6] In this way, "work produced by government departments, whether published or unpublished, may be protected either permanently or at the whim of the Crown". [10] Subsequently, Crown copyright can be, in certain cases, "said to be perpetual...and not to lapse through non-use or non-assertion", [11] and that a "right to certain works by prerogative amounts to a perpetual term of copyright protection". [12] 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", [13] 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. [9]

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" [1] 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 license. [1] In Canada, open data projects can also provide some content. Aside from specialized GIS licensing, license negotiations and agreements must be made to the Crown Copyright and Licensing department. Anyone in need of crown copyrighted material must submit a request for permission. Those seeking printed works may submit a request on publications.gc.ca. [1]

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. [1]

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. [14] The petition also states that Crown copyright issues have prevented libraries from engaging in the access and preservation of government information. [14] 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. [15] [ needs update ]

Specific terms and conditions are as follows:

Types of licence by jurisdiction in Canada
JurisdictionType of licenseDescription
Flag of Canada (Pantone).svg  Canada Reproduction of Federal Law Order [16] 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 copyrightAs of 18 November 2013, 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. [17] 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." [18]
Flag of British Columbia.svg  British Columbia Guidelines Covering the Reproduction of Provincial Legislation [19] 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. [20]
Court Services Online – Copyright notice [21] 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.

Copyright © 2001, Province of British Columbia All rights reserved

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.

Flag of Alberta.svg  Alberta Copyright and Permission Statement [22] Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen'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:

© Alberta Queen's Printer, 20__.*

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.

Flag of Saskatchewan.svg  Saskatchewan Copyright notice [23] 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.

Flag of Manitoba.svg  Manitoba Copyright Notification [24] The following statement governs the operation and management of the government's main website and all departmental websites, and reporting agencies.

Copyright © 2011, Province of Manitoba All rights reserved

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

To request permission to reproduce all or part of the material on this website, please complete the Copyright Permission Request Form.

Manitoba Laws Copyright Notification [25] Copyright on the electronic version of Manitoba laws belongs to the Province of Manitoba. You may, without charge and without requesting permission, make copies of all or part of any Act or regulation for study or research, or for use in legal proceedings or for providing legal advice. You must not make copies for any other purpose without first obtaining the written consent of Queen's Printer. Any copy you make must not be represented as an official version.
Flag of Ontario.svg  Ontario Policy on Copyright on Legal Materials [26] The Queen's Printer for Ontario holds copyright in Ontario statutes, regulations and judicial decisions. The Queen's Printer permits any person to reproduce the text and images contained in the statutes, regulations and judicial decisions without seeking permission and without charge. The legal materials must be reproduced accurately, and Crown copyright in the legal materials must be acknowledged in the following form:

© Queen's Printer for Ontario, 20__.*

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

The Legislation Act, 2006 sets out which copies of Ontario statutes and regulations are official copies of the law. Reproductions of statutes and regulations that are not official copies under that Act must state that they are not official versions. Reproductions of judicial decisions must state that they are not official versions.

Flag of Quebec.svg  Quebec Normes en matière de droit d'auteur [27]
(Copyright standards)
Summary: No permission is given for free reproduction. Licenses must be obtained under prescribed procedures.
Flag of New Brunswick.svg  New Brunswick Copyright notice [28] Copyright

The Province of New Brunswick, through the Queen's Printer, owns and retains the copyright for New Brunswick's legislation.

Permission to reproduce

Non-Commercial use:

The legislation on this site has been posted with the intent that it be readily available for personal, educational and public non-commercial use and may be reproduced, in whole or in part and by any means, without charge or further permission from the Queen's Printer, provided due diligence is exercised in ensuring the accuracy of the materials reproduced.

Commercial use:

Reproduction of materials at this site, in whole or in part, for the purposes of commercial redistribution is prohibited except with written permission from the Queen's Printer. To obtain permission, mail or e-mail your request to the Queen's Printer directly.

Flag of Nova Scotia.svg  Nova Scotia No specific policy on reproduction.
Flag of Prince Edward Island.svg  Prince Edward Island Copyright notice [29] Unless otherwise specifically stated herein, all materials on this website, including text, photos, underlying HTML, illustrations, maps, designs, icons, audio clips, video clips, documents, products, software and all other content is either owned by the Government of Prince Edward Island, or the Government of Prince Edward Island has obtained a license to use the materials for the website.

The materials on this site are protect by the Copyright Act. Reproduction of any materials requires the advance written permission of the Government of Prince Edward Island, or the original creator, where applicable.

To request permission, contact the web content team of Communications PEI using the website comments and suggestions form and detail your request in the comments section.

Visit the Tourism PEI website for information on use of Tourism PEI stock images by industry and media.

Non-commercial reproduction

Information on this site has been posted with the intent that it be readily available for personal and public non-commercial use and may be reproduced, in part or in whole and by any means, without charge or further permission from the Government of Prince Edward Island.

Flag of Newfoundland and Labrador.svg  Newfoundland and Labrador Disclaimer/Copyright/Privacy Statement [30] Copyright

The Government of Newfoundland and Labrador is the owner of copyright in all information found on this Web site unless otherwise stated.

Where the Government of Newfoundland and Labrador is the owner of copyright in information on this Web site, government hereby grants permission for the information of this web site to be used by the public and non-government organizations. Persons and organizations using this information agree to indemnify and save harmless the Government of Newfoundland and Labrador against any claims or actions of any kind or manner resulting from its use.

The Government of Newfoundland and Labrador uses multi-media, i.e. graphics, audio and visual materials, on this Web site with permission of third party copyright holders. Reproduction of such materials is not permitted.

Flag of Yukon.svg  Yukon Copyright notice [31] Material on Government of Yukon web sites may be printed, copied or reproduced for non-commercial purposes only. Reproductions must be accurate and must not be represented as an official version. Reproduction or redistribution for commercial purposes requires advance written permission from the Government of Yukon.

Copyright must be acknowledged in the following form:

© Government of Yukon 2011

Flag of the Northwest Territories.svg  Northwest Territories Copyright and disclaimer notice [32] Copyright

The legislative material in the consolidations may be used for a non-commercial purpose without seeking permission, provided that it is accurately reproduced and includes an acknowledgment of the Government of the Northwest Territories as its source. Reproduction of the legislative material is permitted, in whole or in part, and by any means.

Flag of Nunavut.svg  Nunavut Department of Justice Legislative Division [33] The Department of Justice believes it is of fundamental importance to Nunavummiut that their laws be accessible. To ensure access to the laws of Nunavut, the following may be copied freely for personal use:
  • the statutes and regulations of Nunavut,
  • consolidations of the statutes and regulations of Nunavut, and
  • consolidations of the statutes and regulations of the Northwest Territories as amended, adopted or enacted for Nunavut as of 1 April 1999.

There is no requirement to seek permission and there are no fees to be paid for reproductions of the statutes and regulations for personal use. The electronic versions of the statutes and regulations may not be copied for the purpose of resale in this or any other form without the written consent of the Territorial Printer.

New Zealand

Crown copyright in New Zealand is defined by Sections 2(1), 26 and 27 of the Copyright Act 1994. The Crown is the first owner of any copyright subsisting in any work created by a person who is employed or engaged by the Crown, under a contract of service, apprenticeship, or a contract for services. It covers works of the King in right of New Zealand, Ministers of the Crown, offices of Parliament and government departments. The term is 100 years. Crown copyright would apply as long as no other copyright agreement had been made. In 2001, primary law and other official works were removed from Crown copyright protection. Like Australia, New Zealand is considering the implementation of open licenses for works protected by Crown copyright. [1]

Exceptions

For Crown entities and state-owned enterprises, regular copyright provisions apply instead of the 100-year term (i.e. 50 year-terms in many cases).

A term of 100 years also applies under Section 26(3)(b), with one exception, namely a 25-year term for typographical arrangements of published material. Such works produced before 1945, however, had only a term of 50 years, and so became public domain in 1995. [34]

At common law, and under the Copyright Acts until recently, the Crown acquired title by a kind of prerogative copyright in certain books or publications such as acts of Parliament, proclamations, and orders-in-council. [35] However, there has been a deliberate divestment by the Crown of its copyright in law – principally in consideration of the view that law should be freely available. [36]

Section 27(1) defines a further exception to Crown copyright and copyright: bills, acts of parliament, regulations, bylaws, Hansard, tabled select committee reports, court judgments, tribunal judgments, royal commission reports, commission of inquiry reports, ministerial inquiry reports and statutory inquiry reports do not carry any copyright, regardless of age. Section 27(1) came into effect on 1 April 2001. There is, in New Zealand, under s. 27 of the Copyright Act, 1994, no copyright in regulations. Section 27(1) exceptions apply in the original work, and do not apply in terms of new typographical editions by others, nor in annotations made by organisations such as legal publishers.

European Union

While most European Union countries "exempt primary source law from copyright protection, the European Union does not have a uniform law on copyright subsistence or copyright ownership of government documents and does not mandate that laws be in the public domain" (as of 2011). [1] The EU has also given free and open access to official government documents online for European parliament. [1]

The UK was a member state of the EU  – or its predecessor, the European Communities (EC), including the European Economic Community (EEC) – from 1 January 1973 through 31 January 2020.

United Kingdom

Crown copyright applies "[w]here a work is made by His Majesty or by an officer or servant of the Crown in the course of his duties". [37] The Crown can also have copyrights assigned to it. There is, in addition, a small class of materials where the Crown claims the right to control reproduction outside normal copyright law under the royal prerogative. This material includes the King James Bible, the Book of Common Prayer, state papers, acts of parliament and the Royal Arms. [38] [39] Letters patent are issued for the reproduction of the King James Bible.

Prior to the 17th century, the executive – acting on behalf of the monarch under royal prerogative – controlled all printing and the granting of licences to printers. During the 17th century, the Crown lost most of its rights, except with regard to the King James Bible, the Book of Common Prayer, Acts of Parliament and similar[ citation needed ]. Until 1911, there was no special status for the Crown, excepting those texts.[ citation needed ]

The Copyright Act 1911 (1 & 2 Geo. 5. c. 46) removed the concept of common law copyright protection from British law, and it also provided specific protection for government works for the first time. Crown copyright was extended to any work prepared or published by or under the direction or control of King George V or any government department. The Copyright Act 1956 further extended Crown copyright protection to include every original literary, dramatic, musical or artistic work made by or under the direction or control of Her Majesty or a government department; sound recordings or cinematograph films made by or under the direction or control of Her Majesty or a government department and works first published in the UK, if first published by or under the direction or control of Her Majesty or a government department.

United Kingdom National archives flowchart, explaining Crown copyright. The document is itself subject to Crown copyright, but is licensed under the Open Government Licence v3.0 UK Crown copyright flowchart.pdf
United Kingdom National archives flowchart, explaining Crown copyright. The document is itself subject to Crown copyright, but is licensed under the Open Government Licence v3.0

When the Copyright, Designs and Patents Act 1988 (the 1988 Act) came into force, the scope of the definition of Crown copyright was considerably reduced. Crown copyright was defined as subsisting when a "work is made by Her Majesty or by an officer or servant of the Crown in the course of his duties". Crown copyright was also defined as subsisting "in every Act of Parliament, Act of the Scottish Parliament, Act of the Northern Ireland Assembly or Measure of the General Synod of the Church of England". All existing works in Crown copyright were continued as such.

However, some documents have Crown copyright waived by the government, subject to certain conditions. This was introduced in a white paper in 2000 in order to improve access to government publications. This listed ten classes of documents for which "formal and specific licensing will not be necessary". [40]

Photograph (of a Grenadier Guardsman riding a motorcycle with a Tommy gun fitted) taken in 1941 by Edward G. Malindine as part of his duties as a UK Government War Office official photographer. Its Crown copyright expired on 1 January 1992 Guardsman riding motorcycle with Tommy gun fitted - H 8827.png
Photograph (of a Grenadier Guardsman riding a motorcycle with a Tommy gun fitted) taken in 1941 by Edward G. Malindine as part of his duties as a UK Government War Office official photographer. Its Crown copyright expired on 1 January 1992

The duration of Crown copyright varies depending on whether material is published or unpublished. Unpublished material was originally subject to copyright protection in perpetuity. However, the 1988 Act removed this concept from British law. Transitional provisions that apply for 50 years after the entry into force of the 1988 Act provide that no unpublished material will lose its copyright protection until 1 January 2040. New Crown copyright material that is unpublished has copyright protection for 125 years from the date of creation. Published Crown copyright material has protection for 50 years from the date of publication. Those works protected under Letters Patent have perpetual control of reproduction claimed over them despite being published. Where copyright in a work is assigned to the Crown by an author it is subject to the normal term of protection for that particular type of work, for example, life of the author plus 70 years for a literary work.

Crown copyright works still in copyright may be released under the Open Government Licence by the relevant rights owner or authorised information provider. [41] [42]

The UK government has historically charged fees for access to some Crown copyright works in order to offset costs. [43]

In the UK there are allowances for the use of a select amount of copyrighted works (waivers), without the need for prior permission. For materials that still require a license, there is an online application process. Like Canada, materials used must be accurately represented.

Acts of Parliament and works from the legislative body of the Church of England are Crown copyright. Crown copyright also formerly covered parliamentary materials, but since 1988 materials created for the House of Commons and House of Lords have a distinct status in law as being protected by parliamentary copyright. [1]

Criticisms

Crown copyright has historically been (and at times still is) perceived [44] by taxpayers as depriving them of access to the very works they fund, and as prioritising funded business interests over otherwise regular citizens who cannot afford to license the works. Since 2001 the UK Government has developed a trend of automatically licensing all works published on gov.uk and the National Archives under the Open Government Licence [45] .

However this does not apply to all new works - for example the "Health and Safety At Work" poster by the Health and Safety Executive which all employers are required to display, is intentionally not licenced under the OGL [46] - requiring every employer to pay for one [47] every time the written text changes - something which may be perceived as a purely money-making activity by an otherwise publicly-funded department. Critics might argue that this is driven by greed, since any time the Health and Safety Executive needs money, they can simply change the written text on the poster, therefore requiring employers to buy it again; which would suddenly bring an extra £16.3m in to their coffers (there are estimated to be 1.4 million employers [48] and the smallest available poster costs £11.64 [49] ).

An alternative would be for the Health and Safety Executive to licence the poster under OGL and offer it as a free download for employers to print themselves, like they have for their other publications [50] .

Notes

  1. Commonwealth of Australia.
  2. Compilation no. 60 of the Act, in force as of 1 September 2021. [2]

See also

Related Research Articles

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.

Parliamentary copyright is a form of copyright in works made by either of the two Houses of the Parliament of the United Kingdom: the House of Lords or the House of Commons. It also applies to bills proposed in either House and to the devolved legislatures in the United Kingdom: the Scottish Parliament, Northern Ireland Assembly or Senedd Cymru – the Welsh Parliament.

A work of the United States government is defined by the United States copyright law, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of the Copyright Act of 1976, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.

<span class="mw-page-title-main">Copyright law of Canada</span> Canadian statutes controlling copyright

The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.

Perpetual copyright, also known as indefinite copyright, is copyright that lasts indefinitely. Perpetual copyright arises either when a copyright has no finite term from outset, or when a copyright's original finite term is perpetually extended. The first of these two scenarios is highly uncommon, as the current laws of all countries with copyright statutes set a standard limit on the duration, based either on the date of creation/publication, or on the date of the creator's death. Exceptions have sometimes been made, however, for unpublished works. Usually, special legislation is required, granting a perpetual copyright to a specific work.

The Copyright Act is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The Copyright Act was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the Act, but each of the bills failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the Copyright Modernization Act. Bill C-11 was passed and received Royal Assent on June 29, 2012.

The King's Printer is typically a bureau of the national, state, or provincial government responsible for producing official documents issued by the King-in-Council, Ministers of the Crown, or other departments. The position is defined by letters patent under the royal prerogative in Canada and the United Kingdom.

Publication right is a type of copyright granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. It is in almost all respects the same as standard copyright, but excludes moral rights. Publication right is mainly found in the law of European countries and has no direct correspondence in US copyright law. Within the European Union, not all countries originally had such a right, and where it was provided terms varied, but in 1993 national laws were required to be harmonized by EU Directive 93/98/EEC to provide standard period of protection of 25 years from first publication.

<span class="mw-page-title-main">Copyright, Designs and Patents Act 1988</span> United Kingdom law

The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

<span class="mw-page-title-main">Related rights</span> Intellectual property rights of a creative work not connected with the works actual author

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.

<span class="mw-page-title-main">Fair dealing</span> Limitation and exception to a right granted by copyright law

Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.

Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1929, are in the public domain.

<span class="mw-page-title-main">Copyright Act 1911</span> United Kingdom legislation

The Copyright Act 1911, also known as the Imperial Copyright Act 1911, was an act of the Parliament of the United Kingdom (UK) which received royal assent on 16 December 1911. The act established copyright law in the UK and the British Empire. The act amended existing UK copyright law, as recommended by a royal commission in 1878 and repealed all previous copyright legislation that had been in force in the UK. The act also implemented changes arising from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908.

Edict of government is a technical term associated with the United States Copyright Office's guidelines and practices that comprehensively includes laws, which advises that such submissions will neither be accepted nor processed for copyright registration. It is based on the principle of public policy that citizens must have unrestrained access to the laws that govern them. Similar provisions occur in most, but not all, systems of copyright law; the main exceptions are in those copyright laws which have developed from English law, under which the copyright in laws rests with the Crown or the government.

The copyright status of works produced by the governments of states, territories, and municipalities in the United States varies. Copyright law is federal in the United States. Federal law expressly denies U.S. copyright protection to two types of government works: works of the U.S. federal government itself, and all edicts of any government regardless of level or whether or not foreign. Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local government.

Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists.

Fair dealing is a statutory exception to copyright infringement, and is also referred to as a user's right. According to the Supreme Court of Canada, it is more than a simple defence; it is an integral part of the Copyright Act of Canada, providing balance between the rights of owners and users. To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the Copyright Act of Canada, and the dealing must be considered fair as per the criteria established by the Supreme Court of Canada.

<span class="mw-page-title-main">Data Protection Act 2018</span> United Kingdom legislation

The Data Protection Act 2018 is a United Kingdom Act of Parliament which updates data protection laws in the UK. It is a national law which complements the European Union's General Data Protection Regulation (GDPR) and replaces the Data Protection Act 1998.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 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.
  2. "Copyright Act 1968". Federal Register of Legislation. Office of Parliamentary Counsel. 1 September 2021. Retrieved 2 January 2022.
  3. "Copyright Law Review Committee – Crown Copyright Report". clrc.gov.au. Archived from the original on 1 March 2006. Retrieved 11 January 2022.
  4. Australia 2009, Engage: Getting on with Government 2.0 Taskforce, 10–11.
  5. "Vic Govt limited Google's bushfire map". ZDNet. 12 February 2009. Archived from the original on 15 January 2013. Retrieved 20 November 2014.
  6. 1 2 3 "Copyright Act (Canada), S. 12". Archived from the original on 20 December 2013.
  7. "How long does Copyright last?". Her Majesty the Queen in Right of Canada. 19 November 2013. Retrieved 6 March 2014.
  8. "Crowning Copyright – When Copyright Works are Deemed to Belong to the Government". bereskinparr.com. Retrieved 10 October 2019.
  9. 1 2 3 Judge, Elizabeth (2005). In the Public Interest: The Future of Canadian Copyright Law. Irwin Law. p. 557.
  10. La Force, Gina (Winter 1981). "Archives and Copyright in Canada: An Outsider's View". Archivaria. 11: 42.
  11. Vaver, David (6 June 1995). "Copyright and the State in Canada and the United States". University of Montreal. Archived from the original on 27 May 2010. Retrieved 11 December 2013.
  12. Smith, David (2013). Invisible Crown: The First Principle of Canadian Government. Toronto: University of Toronto Press. p. 77. ISBN   978-1442615854.
  13. Treasury Board of Canada Secretariat (10 May 2010). "Legal Protection (Canada) – Official Symbols". Her Majesty the Queen in Right of Canada. Retrieved 11 December 2013.
  14. 1 2 Canada. Parliament. House of Commons. E-petitions (2017). E-1116 (Copyright). 42nd Parliament. https://amandawakaruk.ca/crown-copyright-in-canada/e-petition-1116/
  15. Canada. Parliament. House of Commons. Standing Committee on Industry, Science and Technology (2017). Statutory Review of the Copyright Act. 42nd Parliament, 1st session.
  16. "Reproduction of Federal Law Order". 6 June 2012. Archived from the original on 6 June 2012.
  17. Government of Canada Publications (28 November 2013). "Crown copyright and Licensing". Her Majesty the Queen in Right of Canada. Archived from the original on 6 December 2013. Retrieved 11 December 2013.
  18. Geist, Michael (25 November 2013). "Government of Canada Quietly Changes Its Approach to Crown copyright". Archived from the original on 5 December 2013. Retrieved 11 December 2013.
  19. "Laws Publications – Government". bclaws.ca.
  20. Services, Ministry of Citizens. "Intellectual Property Program – Province of British Columbia". www2.gov.bc.ca.
  21. "Court Services Online – Copyright". British Columbia: Ministry of the Attorney General. Archived from the original on 27 December 2011. Retrieved 15 July 2020.
  22. Alberta, Government of (18 April 2007). "Copyright and Disclaimer". qp.alberta.ca.
  23. "Unsupported Browser – Government of Saskatchewan". saskatchewan.ca. Archived from the original on 3 May 2018. Retrieved 31 July 2020.
  24. "Province of Manitoba – Copyright Notification". Province of Manitoba.
  25. "Province of Manitoba – Manitoba Laws Copyright and Disclaimer Notification". Province of Manitoba.
  26. "Copyright information: © Queen's Printer for Ontario".
  27. "Normes en matière d'acquisition, d'utilisation et de gestion de droits d'auteurs des documents détenus par le Gouvernement, les ministères et les organismes publics désignés par le Gouvernement" (PDF). Retrieved 9 July 2022.
  28. "Attorney General – NB Acts and Regulations". New Brunswick Government. 7 September 2011. Archived from the original on 7 September 2011.
  29. "Copyright". Government of Prince Edward Island. Archived from the original on 20 November 2017.
  30. "Government of Newfoundland and Labrador". Government of Newfoundland and Labrador.
  31. "Copyright – Government of Yukon- Government of Yukon". gov.yk.ca. 12 December 2017.
  32. "Department of Justice – Legislation". 27 September 2011. Archived from the original on 27 September 2011.
  33. "Department of Justice". Archived from the original on 18 October 2014. Retrieved 4 October 2011.
  34. "Copyright Factsheet – National Library of New Zealand" (PDF). Find.natlib.govt.nz. Retrieved 20 November 2014.
  35. Oxford and Cambridge Universities v. Eyre & Spottiswoode Ltd [1964] Ch 736 (Plowman J declined to decide the extent of the Crown prerogative over the publication of Bibles) and Attorney-General for New South Wales v. Butterworth & Co (Australia) Ltd (1937) 38 SR 195 (the Crown prerogative to control the publication of statutes was contested). See also Hansen v. Humes–Maclon Plastics Ltd (1984) 1 NZIPR 557 (no Crown copyright in drawings filed in the Patent Office).
  36. Copyright Act Commencement Order 2000 (SR 2000/245), cl. 2.
  37. Copyright, Designs and Patents Act 1988. His Majesty's Stationery Office (HMSO). Retrieved 23 June 2024.
  38. "The royal prerogative and ministerial advice" (PDF). UK Parliament . House of Commons Library . Retrieved 3 August 2024. [The royal prerogative includes] Sole right of printing or licensing the printing of the Authorised Version of the Bible, the Book of Common Prayer, state papers and Acts of Parliament
  39. "Frequently asked questions". The National Archives. Retrieved 3 August 2024. The Royal Arms and its constituent parts are protected by perpetual Crown copyright, and may only be re-used by His Majesty the King, members of the Royal Family, government departments and official holders of the Royal Warrant.
  40. UK copyright waivers, from Her Majesty's Stationery Office (HMSO): Future Management of Crown copyright. Which documents are subject to waivers varies from time to time; see the current list: Archived 14 July 2007 at the Wayback Machine
  41. "Open Government License 2.0". The National Archives . Retrieved 26 December 2013.
  42. "What OGL covers". The National Archives . Retrieved 26 December 2013.
  43. "Crown Copyright in the Information Age" (PDF). Opsi.gov.uk. Archived from the original (PDF) on 11 July 2019. Retrieved 20 November 2014.
  44. "Free our data: is the ancient institution of Crown copyright outmoded?". The Guardian. 6 September 2007. Retrieved 15 July 2021.
  45. "Open Government Licence". nationalarchives.gov.uk. Retrieved 6 April 2022.
  46. "Copyright". Health and Safety Executive.
  47. "How to identify a genuine law poster". Health and Safety Executive.
  48. "Business population estimates for the UK and regions 2022: statistical release". UK Government.
  49. "Health and Safety Law - What you need to know (A3 poster)". Health and Safety Executive.
  50. "Publications". Health and Safety Executive.