Crown copyright protected works managed by the Department of National Defence or the Canadian Armed Forces (DND/CAF)

Use by Parties Outside the Government of Canada

General

Crown copyright protects literary, artistic, dramatic, and musical works as well as sound recordings, performances by performers, and communication signals that have been created under the direction and control of the Government of Canada. In the context of the Department of National Defence or the Canadian Armed Forces (DND/CAF) this would include, for example, the photographs and videos available at www.combatcamera.ca and the textual material available on this website.

Section 12 of the Copyright Act is the legal instrument governing Crown copyright. It states:

12. Without prejudice to any rights or privileges of the Crown, where any work is, or has been, prepared or published by or under the direction or control of Her Majesty or any government department, the copyright in the work shall, subject to any agreement with the author, belong to Her Majesty and in that case shall continue for the remainder of the calendar year of the first publication of the work and for a period of fifty years following the end of that calendar year. [S.C. 1993, c. 44, s. 60(1)]

The following definitions are provided to assist with the understanding of the text that follows:

Personal or Public Non-commercial Use : means to reproduce a Crown copyright protected Work held by DND/CAF for your own use or for display to the public for a purpose not tied to the generation of revenue. Even if your business does not charge a fee for the reproduction, if it is used in conjunction with a commercial enterprise it would be considered commercial use.

Cost-recovery : means to charge a fee for the purpose of recovering printing and other costs associated with the production of the reproduction. For example, a not-for-profit organization charging a fee to recover printing costs would be an example of an acceptable use. In contrast, a commercial enterprise charging a fee on a cost recovery basis would be considered commercial use.

Commercial Use : means use of the Crown copyright protected Work held by DND/CAF in any way to generate revenue. For example, the Crown copyright protected Work held by DND/CAF may be reproduced and sold separately or incorporated into a product or service. Alternately, the copyright protected work may be used in advertising a product or service.  

Reproduction : means making a copy of the Crown copyright protected Work held by DND/CAF in the manner that it is originally published. The reproduction must remain as is, and must not contain any alterations whatsoever. 

Gross Annual Revenue : means the total invoice value of sales of products or services incorporating one or more Crown copyright protected Work(s) held by DND/CAF, before deducting for customer discounts, allowances, or returns in a twelve (12) month period.

Moral Rights : means the right of paternity which includes the rights to claim authorship, the right to remain anonymous, and the right to use a pseudonym; the right of integrity which includes the right to prevent distortion, mutilation or other modifications to the work which is prejudicial to the honour or reputation of the author; and the right of association which includes the right to prevent the use of a work in association with a product, service, cause or institution.

When Permission is Required

Permission is always required when:

  1. The Crown copyright protected Work held by DND/CAF is being revised, adapted, modified or translated, whether for personal or public non-commercial use, commercial use or for cost-recovery purposes; and
  2. The Crown copyright  protected Work held by DND/CAF which is being reproduced will be used commercially and the anticipated gross annual revenue generated from the use of the copyright protected work(s) exceeds $10,000*.  In such cases, a formal consent or royalty-bearing license may be required. (*Note: If the copyright protected work is being used in advertising, the revenue generated by the product or service with which the advertising is associated would be counted towards the $10,000 annual threshold).

When Permission is not Required

Provided that the reproduction is used in a lawful manner and in accordance with Government of Canada policies, permission to reproduce Crown copyright protected Work held by DND/CAF, in part or in whole, by any means, for personal or public non-commercial use or for cost-recovery purposes is not required unless otherwise specified in the material you wish to reproduce.

For example, in accordance with DND policy the department cannot be seen to be endorsing any person, organization or entity outside of government. Therefore, the use of Crown copyright protected Work held by DND/CAF in association with any such endorsement is prohibited. Additionally, the reproduction of a Crown copyright protected Work held by DND/CAF is also prohibited where the use of the reproduction would:

  • be in an undignified context;
  • be considered unfair, misleading or inaccurate;
  • be used in a context that may prejudice or harm a third party; or
  • be considered inappropriate by the author department or agency.

Important:

You must comply with the following specific non-commercial reproduction requirements:

  • Exercise due diligence in ensuring the accuracy of the Work reproduced;
  • Indicate both the complete title of the Work reproduced, as well as the author organization; and
  • Indicate that the reproduction is a copy of an official Work that is published by DND/CAF and that the reproduction has not been produced in affiliation with, or with the endorsement of DND/CAF.

In addition to the above terms, for commercial usage whereby the anticipated gross annual revenue is under $10,000, you are granted a royalty-free, Canada wide, non-exclusive permission to commercially benefit from the Crown copyright protected Work held by DND/CAF in accordance with the following terms:

  1. Your use of the Crown copyright protected Work held by DND/CAF shall not result in any right, title or interest in the copyright protected Work accruing to you;
  2. The Crown copyright protected Work held by DND/CAF is provided "as is", and DND/CAF excludes all representations, warranties, obligations and liabilities in relation to its copyright protected Work to the maximum extent permitted by law;
  3. DND/CAF is not liable for any errors or omissions in the Crown copyright protected Work held by DND/CAF, and shall not be liable for any loss, injury or damage of any kind caused by its use;
  4. You agree to indemnify (i.e. reimburse) DND/CAF and hold DND/CAF harmless against and from any and all claims by third parties for damages or injuries of any nature whatsoever, including, but not limited to, claims arising in connection with your commercial use of the Crown copyright protected Work held by DND/CAF; and
  5. You agree to credit the source of the Crown copyright protected Work held by DND/CAF in the following manner:

© All rights reserved. (Title of Crown copyright protected work) reproduced with the permission of DND/CAF (year permission granted)

Exemptions:

The permission described above does not grant any right to use:

  1. CAF badges, crests, flags and insignia, as well as the yellow ribbon associated with the “Support Our Troops” program. This intellectual property is protected under the Trade-marks Act. You must apply for a license (See "Licenses and Requests from Media" section below);
  2. Personal data that may be contained in a Crown copyright protected Work held by DND/CAF;
  3. Third party rights (i.e. rights not owned by the Crown) that may be associated with a Crown copyright protected Work held by DND/CAF; and
  4. A Crown copyright protected Work held by DND/CAF that may be subject to other intellectual property rights including, but not limited to, patents, trade-mark or industrial design rights (e.g. the CAF camouflage pattern CADPAT ®).

DND/CAF retains the right to revoke this permission at its sole discretion.

Licenses and Requests from Media

(i) Licenses:

If you are an individual or a representative of a company and you are revising, adapting, modifying or translating a Crown copyright protected Work held by DND/CAF, or your proposed use of the Work is commercial in nature and exceeds the $10,000 annual threshold, you are requested to apply for a license by completing the on-line form.Upon receipt of your application, the DND Intellectual Property Manager will determine if a license will be granted. In accordance with the department’s policy of fairness and non-discriminatory licensing practices, the department typically grants a non-exclusive license at a 5% royalty rate on standard terms.

(ii) Requests from Media:

Section 29.2 of the Copyright Act states that fair dealing for the purpose of news reporting does not infringe copyright if the source is mentioned.  Notwithstanding this exception, if you require clarification or assistance regarding the use of a Crown copyright protected work held by the DND/CAF, please contact the media liaison office as follows:

Media Liaison Office
National Defence Headquarters
Public Affairs Headquarters
Major General George R. Pearkes Building
101 Colonel By Drive
Ottawa, ON K1A 0C9
phone: (613) 996-2353 or 1 866 377-0811

Moral Rights

Moral rights are protected under Sections 14.1 and 17.1 of the Copyright Act and are aimed at protecting the personality or reputation of the author.

Whether personal or public non-commercial use or commercial use is involved, if your proposed use of the Crown copyright protected Work held by DND/CAF might potentially violate the moral rights of the author, then a waiver from the author must be obtained.  (NOTE: Any implicit permission granted by this Notice does not include a waiver of moral rights).

Privacy and Personality Rights

Many Crown copyright protected Works held by DND/CAF depict identifiable CAF or civilian individuals who may not want their image to be used outside the department. In accordance with the Privacy Act, a release from the identifiable individual(s) is required before their image can be used externally whether for commercial on non-commercial purposes. In addition, unauthorized use of a person’s image could result in the identifiable individual initiating a lawsuit for appropriation of personality.

It is therefore recommended that DND/CAF be contacted at the e-mail address below to obtain a release from each individual who is recognizable in any Crown copyright protected Work held by DND/CAF that you may wish to use.

For any questions related to the commercial or non-commercial use of copyright protected works managed by DND, please contact us.

Permission Flow Chart and Explanation

Permission Flow Chart description below.

Step 1

Determine if there are any copyrights remaining in the Work? (Note: The term of a Crown copyright protected Work is the remaining portion of the year in which the Work is first published plus 50 years)

Step 2

If the answer to step 1 is no, then the Work is in the public domain so permission from the Department of National Defence to use it is not required.

Step 3

If the answer to step 6 is no, then you should apply for a license.

Step 4

If the answer to step 3 is no, determine if you intend to use the Work yourself or for display to the public for a purpose not tied to the generation of revenue. (Note: Even if your business does not charge a fee for the reproduction of the Work, if it is used in conjunction with a commercial enterprise it would be considered commercial use).

Step 5

If the answer to step 4 is yes (i.e. you intend to use the Work yourself for display to the public for a purpose not tied to the generation of revenue), then reproduction of the Work is permitted without express permission being granted by the Department of National Defence.

Step 6

If the answer to step 3 is yes, determine if the sale of the reproduction or the product / service which incorporates the Work will generate more than $10,000 in gross annual revenue. (Note: If the Work is to be used in advertising, it is the revenue generated by the sale of reproductions or the product / service incorporating the Work(s) with which the advertising will be associated which should be considered). 

Step 7

If the answer to step 6 is no, then you should apply for a license.

Step 8

If the answer to step 7 is yes, then determine if the requested material is subject to an exemption (e.g. Canadian Armed Forces (CAF) badges, personal data, third party intellectual property or Works that may be subject to other intellectual property rights (patents, trade-marks, industrial design, etc))

Step 9

If the answer to step 8 is no then reproduction of the Work is permitted.

Step 10

If the answer to step 8 is yes, then reproduction is not permitted. You must apply for a license.

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