Rethinking Canadian Crown Copyright

Abstract

Crown copyright in Canada covers most works produced by public servants, including software, research reports, and regulations. The overall legal regime for Crown copyright functions similarly to copyright in the private context; however, a critical look at the theoretical justifications reveals fundamental differences and substantially weaker foundations. As particularly noticeable in the context of government involvement in open source software, the practical application of Crown copyright also differs considerably from the private context.Already resting on fragile theoretical grounds, the present federal administrative regime further creates a problematic fragmentation of rights that hinders the effective public use and re-use of Crown works. While many other state governments and private-sector actors are currently striving to realize further benefits from collaborative initiatives that aim to share open data and open source software, the statutory and administrative copyright regimes in Canada remain incompatible with these growing movements.