[Talk-ca] Copyright in data

Paul Norman penorman at mac.com
Fri Mar 22 17:13:21 UTC 2013


Thanks for the link.

 

It's good to see a court decision reminding parties that (in Canada) there
is no copyright in data.

 

>From the court decision: "However, there is no principle of property law
that would preclude anyone from making use of information displayed in a
publicly available paper nautical chart, even if the information originated
with the Crown or is maintained by the Crown."

 

It looks like with the summary motion dismissed and the matter going to
trial will be what the Crown granted exclusive license to one of the parties
in the case. My reading is that if the Crown only licensed the information
(one reading of the contract) then the case cannot succeed because the party
who initiated the case would of not had exclusive rights as the data does
not have any exclusive rights (or any rights) that could be licensed.

 

On the other hand, an alternate reading of the contract is that the Crown
licensed the data and CHS Works (paper charts), in which case that party
would have had some exclusive rights. Of course this leaves open the
question of if those rights were infringed, which gets to an interesting
question for OSM because it boils down to distinguishing between data which
is not protected by copyright and a map, which may be.

 

From: Begin Daniel [mailto:jfd553 at hotmail.com] 
Sent: Friday, March 22, 2013 4:00 AM
To: talk-ca at openstreetmap.org
Subject: [Talk-ca] Copyright in data

 

Bonjour all,

here is a link here that might be interesting for those of you that are
interested in legal matter concerning data

http://www.teresascassa.ca/index.php?option=com_k2
<http://www.teresascassa.ca/index.php?option=com_k2&view=item&id=124:federal
-court-of-appeal-reminds-government-there-is-no-copyright-in-data>
&view=item&id=124:federal-court-of-appeal-reminds-government-there-is-no-cop
yright-in-data

 

Daniel

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