End Crown Copyright on Government Works

Summary#

This bill removes Crown copyright from government works in Canada. It replaces Section 12 of the Copyright Act to say there is no copyright in any work prepared or published by or under the direction or control of Her Majesty or any government department (Bill — replacement of s.12). It also ends any existing Crown copyright in such works on the day the Act comes into force (Bill — Transitional Provision).

• Ends copyright protection for works made or published by the Crown or a government department (Bill — replacement of s.12).
• Applies to past and future works; current Crown copyrights stop on the in‑force date (Bill — Transitional Provision).
• Keeps other Crown rights and privileges intact (“without prejudice” clause) (Bill — replacement of s.12; Transitional Provision).
• Likely broad scope, mirroring current Section 12’s coverage of Crown and government departments (Bill — replacement of s.12).
• People and organizations can copy, share, adapt, and sell covered works without permission or fees once in force (Bill — replacement of s.12; Transitional Provision).

What it means for you#

• Households

  • You may download, copy, share, and remix government works covered by the bill without asking permission or paying fees once the Act is in force (Bill — replacement of s.12; Transitional Provision).
  • This includes works prepared or published by or under the direction or control of Her Majesty or any government department (Bill — replacement of s.12).

• Educators and students

  • You can use covered government reports, photos, maps, and other materials in classes and course packs without licences once the Act is in force (Bill — replacement of s.12; Transitional Provision).
  • You may adapt and combine these materials in teaching aids and research outputs, with no copyright restrictions from the Crown (Bill — replacement of s.12).

• Journalists, publishers, and creators

  • You can reproduce and adapt covered government content (text, images, datasets, audiovisual) in stories, books, documentaries, and websites without Crown permission or fees, starting on the in‑force date (Bill — replacement of s.12; Transitional Provision).
  • Works previously under Crown copyright become free to use on the in‑force date (Bill — Transitional Provision).

• Businesses and nonprofits

  • You may incorporate covered government materials into products and services (for example, guides, apps, or training) without Crown licensing, royalties, or attribution requirements set by the Crown, once in force (Bill — replacement of s.12).
  • If you sell products based on government works, you will not owe Crown licence fees after the in‑force date (Bill — replacement of s.12; Transitional Provision).

• Contractors and researchers producing government works

  • If a work is prepared “by or under the direction or control of” Her Majesty or a government department, no copyright will subsist in that work at all, from the in‑force date onward (Bill — replacement of s.12). That means neither the Crown nor the contractor will hold copyright in that work.
  • Review future contracts and project scopes to see if your deliverables fall under “direction or control,” since those deliverables would be in the public domain once created or published (Bill — replacement of s.12).

• Governments and public bodies

  • Federal and other government departments covered by Section 12 will need to update copyright notices, licences, and contract templates to reflect “no copyright” for covered works, effective on the in‑force date (Bill — replacement of s.12; Transitional Provision).
  • Other Crown rights and privileges remain unaffected by this bill (“without prejudice” clause) (Bill — replacement of s.12).

Expenses#

Estimated net cost: Data unavailable.

• No direct appropriations or spending authorizations are in the bill text (Bill — all clauses).
• Potential loss of Crown licensing revenue from government works: Data unavailable.
• One‑time administrative costs to update policies, notices, and contracts: Data unavailable.
• Court or enforcement impacts: Data unavailable.

Proponents' View#

• Expands public access to publicly funded information by removing Crown copyright for covered works, both past and future (Bill — replacement of s.12; Transitional Provision).
• Cuts red tape and transaction costs for education, research, journalism, and innovation by eliminating permission and licensing steps (Bill — replacement of s.12).
• Reduces legal uncertainty about reusing government materials; “no copyright subsists” is clear and broad (Bill — replacement of s.12).
• Retroactive effect greatly enlarges the public domain on day one, unlocking many existing works for reuse (Bill — Transitional Provision).
• Protects other Crown rights and privileges through the “without prejudice” clause, limiting unintended effects on areas outside copyright (Bill — replacement of s.12; Transitional Provision).

Opponents' View#

• Loss of control over reuse may lead to modified or outdated versions of government materials circulating without context or quality control; the bill includes no integrity or attribution requirements (Bill — replacement of s.12).
• Possible loss of revenue from sales or licences of government publications, photos, or datasets; the bill provides no offsetting funding (Bill — all clauses; Expenses: Data unavailable).
• Contracting and partnership complexity: existing and future agreements that relied on Crown copyright would need revision, creating administrative burden and transition risk (Bill — Transitional Provision).
• Federal–provincial implications: removing Crown copyright for works covered by Section 12 could affect multiple governments and their departments, raising coordination and implementation challenges (Bill — replacement of s.12).
• Enforcement and public trust concerns: the bill does not include safeguards against misleading republication of government materials or requirements to mark unofficial copies (Bill — all clauses).