No Copyright in Data

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No Copyright in Data

Gerry Tychon-2
I will forward this email re copyright and data since I think it has interest to others.

... ggt


---------- Forwarded message ----------
From: Paul Norman <[hidden email]>
Date: Fri, Mar 22, 2013 at 10:57 AM
Subject: [OpenDataBC] Copyright in Data
To: [hidden email]


The Federal Court of Appeal has issued a decision reminding the parties
involved that copyright does not cover data. The decision was one about a
summary judgment, so the case is not over, but I'll be watching it to see
what happens.

There's an article at
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
and the
relevant decision is
http://www.canlii.org/en/ca/fca/doc/2013/2013fca63/2013fca63.html

"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."

The court found the license was inconsistent with what it was authorizing
one of the parties to reproduce, finding an ambiguity of the license because
one reading was that it was licensing copyright in "CHS Data", a copyright
that did not exist.

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