LawBytes Podcast – Episode 30 was automatically transcribed by Sonix with the latest audio-to-text algorithms. This transcript may contain errors. Sonix is the best way to convert your audio to text in 2019.
Michael Geist:
This is Law Bytes, a podcast with Michael Geist.
Brian Masse:
I’m asking you about a specific crown copyright, and that is the protection and prohibited use of government documents, research materials. And I’m asking for your position on that. I don’t need the deputy minister’s position on that. It’s something we’ve studied extensively in this house here. It’s a well-known fact that Canada has a unique system of protection. And I’m I don’t want to know, you know, whether or not you support the status quo of Crown copyright. I think it’s a fair question.
Kirsty Duncan:
Thank you, Brian. Good luck. It’s an issue that’s raised with us all the time. We’re aware of the issue and we’re revealing it.
Dan Albas:
We believe the Crown copyright should be completely abolished. That view is shared by many witnesses and unfortunately recommendations in this report don’t go far enough. Content created by taxpayer money should belong to all Canadians, and governments should not be able to enforce copyright on those works.
Michael Geist:
The Canadian copyright review conducted earlier this year heard evidence on a remarkably broad range of issues. Probably the most comprehensive review of Canadian copyright law in decades. 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 member’s bill from NDP MP Brian Masse. Why all the interest in Crown copyright? This week’s Law Bytes 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 and why she thinks it needs to be abolished. I’m then joined by my colleague, Professor Jeremy de Beer, to discuss the recent Supreme Court of Canada decision of Keatley Surveying vs. Teranet, which was one of the first opportunities for Canada’s highest court to grapple with the scope and implications of Crown copyright.
Michael Geist:
Amanda, welcome to the podcast.
Amanda Wakaruk:
Thank you. Thanks for having me.
Michael Geist:
So we’re going to talk about Crown copyright and I guess the starting point for people that don’t think a lot about these issues is what is Crown copyright.
Amanda Wakaruk:
Yeah. Thanks for making space for this topic. Section 12 of the Copyright Act provides the government with copyright control over any work that is prepared or published under the direction or control of Her Majesty. So that provision basically gives the government the exclusive legal right to reproduce, publish or sell a work that was created to support in some way the governance of our country.
Michael Geist:
So it’s giving the government control over the works that it creates. How long does this crown copyright last? So how long does the government get rights in its own works?
Amanda Wakaruk:
Yeah, if the work is published and I’m assuming the definition is the one used in the Copyright Act which is made available to the public if the work is published. The term extends for 50 years past the year of publica
