Does Crown copyright apply to statutes, regulations, and court
decisions?
Theoretically,
since laws and court decisions are made by or under the direction
or control of the Crown, these kinds of materials would be copyrighted
by the government. Historically, however, the government has recognized
that citizens in a democracy have a right to free access to the
laws and rulings of their elected and appointed officials.
The
courts have also ruled that statutes, regulations, and judicial
decisions were in the public domain because recognizing copyright
in them would go against public policy. Therefore, these materials
have traditionally been available to anyone, without any copyright
restriction.
Some
governments in Canada have considered asserting copyright in statutes,
regulations, and court rulings. This would allow those governments
to raise revenue by collecting royalties when the materials were
copied or published in other works. However, the federal government
has recently issued an regulatory order that all federal laws and
court rulings are to be freely available to be copied by anyone
without charge or request for permission.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
December
1998 |