Posts Tagged ‘crown copyright’

When copyright in a work transfers to the Crown: Keatley v Teranet

September 26th, 2019

When does copyright transfer to the Crown under the Copyright Act? The Supreme Court clarified this in a landmark ruling released earlier today in Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43, authoritatively interpreting Section 12 of the Act.

The Court did so in delivering two sets of reasons, the majority written by Justice Abella  (Moldaver, Karakatsanis and Martin JJ. concurring) and by Justices Côté and Brown JJ. (Wagner C.J. concurring). All seven Judges agreed that the decision of the Court of Appeal (2017 ONCA 748) which sided with Teranet should be affirmed. In the result, the Court unanimously agreed that when surveyors register or deposit plans of survey in a public registry system (including land titles) and those plans are made available to the public by the Ontario Government or its service provider Teranet, the copyright in the surveys passes to the Crown.

Crown bound by Copyright Act: Manitoba v Access Copyright

April 5th, 2013

The Federal Court of Appeal ruled this week that the Crown is bound by the Copyright Act. In Manitoba v. Canadian Copyright Licensing Agency (Access Copyright), 2013 FCA 91 the Court made it clear that the structure of the Act, its legislative history and evolution all lead to this conclusion:

Crown copyright and translations, Keatley Surveying v Teranet

December 17th, 2012

On Friday, the Ontario Superior Court of Justice dismissed a motion for certification of a proposed class by surveyors alleging infringement of copyright. The suit commenced by Keatley Surveying Ltd claims that Teranet Inc, the company that manages Ontario’s electronic land registry system for the Ontario Government, infringes copyright by making and distributing plans of survey in the course of those operations. In giving reasons for dismissing the motion, the court in the Keatley Surveying LTD v Teranet Inc 2102 ONSC 7120 case made a number of important statements concerning the claims for copyright infringement.*