Appendix D

The continued refinement of the Guide is a collaborative process.  We rely on your input to make progressive improvements to the Guide so that it remains a valuable information asset for the public sector licensing community.  Please use this form to provide feedback on any aspect of Guide, or to identify new topics of potential interest to those involved in the dissemination and licensing of public sector geographic information.

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Director
GeoConnections Program
Natural Resources Canada
615 Booth Street, Room 624
Ottawa, Ontario
K1A 0E9  CANADA

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[1] See US Committee on Licensing Geographic Data and Services,

http://www7.nationalacademies.org/best/Licensing.html; see also www.opendataconsortium.org.

[2] see www.gmes.info.

[3] see generally www.geoconnections.org.

[4] KPMG Consulting Inc., Report on Canadain Geospatial Data Policy, March 28, 2001, available at www.geoconnections.org.

[5] Hickling Arthurs Low (HAL) Corporation, Geomatics Sector Human Resources Study, 2001 (Report initiated by the Canadian Council of Land Surveyors, the Canadian Institute of Geomatics, and the Geomatics Industry Association of Canada).

[6] Statistics Canada, 2000 Survey of Service Industries: Surveying and Mapping, 2000, North American Idustrial Classification Systems (NAICS) codes 54136 and 54137.

[7] Comment made by AUSLIG representative referring to Australian geomatic data usage.

[8] Waterhouse, Cost/Benefit study for the capture of Land and Geographic Data Infrastructure in Australia, 1994.

[9] Note that as of the date of final editorial review of the Dissemination of Government Geographic Data in Canada - Guide to Best Practices, the Treasury Board Secretariat of the Government of Canada was preparing amendments to the Communications Policy to reflect changes in the administration of advertising as well as broader changes to the machinery in the administration of government, including the elimination of Communciations Canada.  

[10] See generally CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13.

[11] CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13 at  para 8.

[12] They may, however, in limited circumstances, be protected via contract law and common law protections afforded to trade secrets, proprietary information and confidential information.  Commercially valuable data claimed to be developed by a particular person may be protected as a trade secret, if the following elements are established:  1) the data must have the necessary quality of confidence about it.  It must not be something that is public property, public knowledge or in the public domain.  The data must have the basic attribute of inaccessibility; 2) the data must have been imparted in circumstances importing an obligation of confidence; 3) there must be a misuse or an unauthorized use of that information.

[13] The mechanism of compilation is irrelevant. If copyrighted digital data are directly compiled into another source through automated means, or hand-digitized using the copyright source, permission of the copyright owner is required.

[14] In Canada and in other Commonwealth countries that recognize the same Queen as the formal head of state, the state (or government) is commonly referred to as “the Crown”. This usage dates from earlier times when all powers of government were vested in the monarch, and  were exercised by delegation from the monarch. One could argue, with some support from the language of the Constitution, that this is still technically true of Canada today, but the theory bears no resemblance whatever to the actual lines of authority within Canadian government. 

[15] The Constitution of Canada includes the Constitutional Acts of 1867 to 1982 and amendments thereto, various Canadian and Imperial statutes and orders-in-council, as well as relevant common law principles and customary rules and conventions

[16] Copyright Act, R.S.C. 1985, c. C-42.

[17] Sections 12 and 13(3) of the Copyright Act. Note that this position can be modified by simple agreement.

[18] Public Servants Inventions Act, R.S.C. 1985, c. P-32.

[19] See http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/Contracting/tipaucpc_e.asp

[20] The Public Servants Inventions Act allows a Minister to dispose of the Crown’s rights in an invention made by a public servant. Geographic data does not, however, qualify as an invention.   

[21] See section 5.3.1 below for a discussion of a common approach to derived products.

[22] See Section 5.4 for an illustration of how the distribution model is generally utilized

[23] There are similar drivers in the provinces.

[24] Licensees usually do not have much to represent and warrant, except in the case of commercialization agreements.

[25] Metadata generally refers to information about data. Metadata usually follow an approved standard providing a common set of terminology, definitions and information about values to be provided. Metadata describe the “who, what, where, when, why and how” of ever aspect of the data. From a governmental perspective, metada assists in organizing and maintaining the government’s internal investment in the data, provides information to data catalogs and clearinghouses and provides information to assist users of the data.

[26] There may however be instances where prudence would militate against automatic renewal (i.e. when the relationship is new, where the business arrangement is complex, etc.).

[27] An exclusive right gives the licensee the right to exercise the licensed rights at the exclusion of others, including the licensor.