Institutions subject to the Communications Policy of the Government of Canada must manage the administration and licensing of Crown copyright in co-ordination with PWGSC. Institutions must comply with the Copyright Act and ensure that the ownership rights associated with works subject to copyright are fully respected in all media applications.

PWGSC is responsible for the administration and licensing of Crown copyright throughout the Government of Canada (see Requirement 28 of the Communications Policy). This includes:

assisting, advising and supporting Government of Canada institutions with respect to Crown copyright issues;
administering and protecting the copyright in works authored by Government of Canada institutions;
assigning Crown copyright;
granting or refusing permission to reproduce works subject to Crown copyright;
arranging and granting commercial rights associated with works subject to Crown copyright;
maintaining a database of Crown copyright clearance requests.

When requested by an institution, PWGSC will assume full responsibility for the administration and licensing of Crown copyright. The procedures outlined below apply whether an institution assumes responsibility for administering and licensing Crown copyright or requests PWGSC to assume this responsibility on its behalf.

Institutions, in co-operation with PWGSC, approve requests to reproduce works subject to Crown copyright. This applies to both published works (free and priced publications) and to unpublished works, in any medium, for either commercial or non-commercial purposes.

Institutions must adhere to the following procedures when addressing requests to reproduce works that are subject to Crown copyright:

Institutions reply directly to requesters who wish to reproduce a free departmental publication, in whole or in part, for non-commercial purposes.

A file copy of the response must be forwarded to PWGSC for entry into its Central Licensing Database.

When requested by an institution, PWGSC will negotiate a license for the reproduction of a priced publication for non-commercial purposes.

PWGSC replies directly to requesters wishing to reproduce a priced publication, in whole or in part, for non-commercial purposes. A copy of the response is forwarded to the institution for its file.

Requests to reproduce a free or priced publication for commercial purposes require a non-exclusive license in which copyright remains with the Crown and a royalty is levied.

At the request of an institution, PWGSC will negotiate such a license. Alternatively, an institution will inform PWGSC of any Crown copyright licensing agreement it has entered into and will provide PWGSC with a copy.

Institutions must determine whether copyright materials not belonging to the Crown (such as text, photographs, video clips, etc.) are embedded in works to be licensed. The ownership rights for such third party materials must be respected and properly secured before the use of such materials can be licensed.

For requests to translate works subject to Crown copyright, PWGSC and institutions will follow the same procedures as those governing the reproduction of free and priced publications for commercial or non-commercial purposes (item 3 above).

Royalties apply to Crown copyright works that are being commercially exploited. PWGSC negotiates royalties, and the schedule for royalty payments forms part of the license.

Published works subject to Crown copyright are the property of the Crown. The ownership of works that are subject to Crown copyright can be transferred in accordance with the provisions of the Surplus Crown Assets Act or under Order-in-Council.

Using established criteria, PWGSC has authority by the Governor-in-Council to approve the transfer of works subject to Crown copyright.

Permission to reproduce works subject to Crown copyright will be denied where the intended reproduction would:

be in an undignified context;
be considered unfair, misleading or inaccurate;
be used for advertising purposes in an undesirable manner;
be used in a context that may prejudice or harm a third party;
be considered inappropriate by the author department or agency;
be considered out-of-date;
infringe on the proprietary rights of third parties; or
suggest an official endorsement by the Crown where none exists.

Institutions intending to deny permission to reproduce a work subject to Crown copyright will confer with PWGSC to determine which criteria are most applicable to the circumstances. Similarly, PWGSC will confer with the author institution when it intends to deny permission to reproduce a work in which copyright belongs to the Crown.

PWGSC works with institutions to ensure that infringements on works subject to Crown copyright are investigated and processed as follows:

When an author department or agency identifies a potential infringement, it must ask PWGSC, in writing, to investigate.
PWGSC, in consultation with legal counsel, will investigate and prepare the necessary legal documents for action.
PWGSC will apprise the author department or agency of developments.
PWGSC will confer with legal counsel about potential criminal sanctions.
PWGSC will provide the author department or agency with a written notice of a potential infringement it has identified.

For more information about these procedures, or about Crown copyright, please contact at PWGSC:

Christine Leduc
Director
Publishing and Depository Services Directorate

Phone: 613-996-5959
Fax: 613-947-6949
E-mail: Christine.Leduc@pwgsc.gc.ca

Joanne Joanisse
Manager
Publishing Programs

Phone: 613-996-3049
Fax: 613-998-1450
E-mail: Joanne.Joanisse@pwgsc.gc.ca