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Canadian Copyright Act, Crown Copyright 

JCVincent
JCVincent
Posts: 1


Posted On: 11/23/2023
JCVincent
JCVincent
Posts: 1
Are volunteers ever considered to be "under the direction and control of the Government of Canada"?

I volunteer as a photographer (for 15 years) with a facility under the direction of the Department of National Defence. Recently, this organization is attempting to take over my copyright.

In my understanding (which is reasonably extensive, as I am a full-time photographer and have been for almost 20 years), the Canadian Copyright Act 2012 C-20 is absolutely clear photographers own their copyright. There is one exception, being if that photographer is an employee, and their employment is specifically as a photographer - i.e. journalists/photojournalists; in that case, the employer owns the copyright.

The organization I volunteer with is suggesting their *invitation* I photograph their events means I am under the direction/control of the Government of Canada. I am 99.9 percent certain this is not the case. They're referring to section 1. 2. 1.3 of the Crown Copyright Document.

My position is volunteers provide their skills, expertise, and time at their own leisure, can cannot be compelled to volunteer, so cannot be under the direction or control of the government. The organization can have expectations for standards of behaviour and observation of procedures, but a volunteer can refuse to provide their time all together, and cannot be forced, coerced, or in any way compelled to volunteer their time/skills/expertise.

Seeking an informed legal opinion.
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Moderator
Moderator
Moderator
Posts: 4093


Posted On: 11/30/2023
Moderator
Moderator
Moderator
Posts: 4093
Hi there,

Thank you for sharing your question and situation with us, it is best that you consult a reputable and registered employment lawyer with your concern and question. To find a community legal clinic in your area, visit Services Near Me. StepstoJustice.ca also has an excellent list of free and low-cost legal services in employment law that may be helpful.


We wish you all the best, please follow up with us if you have any further questions.


Sincerely,


Your Settlement.Org team
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alexcray
alexcray
Posts: 68


Posted On: 2/9/2024
alexcray
alexcray
Posts: 68
JCVincent wrote:
Are volunteers ever considered to be "under the direction and control of the Government of Canada"?

I volunteer as a photographer (for 15 years) with a facility under the direction of the Department of National Defence. Recently, this organization is attempting to take over my copyright.

In my understanding (which is reasonably extensive, as I am a full-time photographer and have been for almost 20 years), the Canadian Copyright Act 2012 C-20 is absolutely clear photographers own their copyright. There is one exception, being if that photographer is an employee, and their employment is specifically as a photographer - i.e. journalists/photojournalists; in that case, the employer owns the copyright.

The organization I volunteer with is suggesting their *invitation* I photograph their events means I am under the direction/control of the Government of Canada. I am 99.9 percent certain this is not the case. They're referring to section 1. 2. 1.3 of the Crown Copyright Document.

My position is volunteers provide their skills, expertise, and time at their own leisure, can cannot be compelled to volunteer, so cannot be under the direction or control of the government. The organization can have expectations for standards of behaviour and observation of procedures, but a volunteer can refuse to provide their time all together, and cannot be forced, coerced, or in any way compelled to volunteer their time/skills/expertise.

Seeking an informed legal opinion.




Provides exemptions for some uses, like using government works or educational materials.
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alexcray
alexcray
Posts: 68


Posted On: 2/17/2024
alexcray
alexcray
Posts: 68
JCVincent wrote:
Are volunteers ever considered to be "under the direction and control of the Government of Canada"?

I volunteer as a photographer (for 15 years) with a facility under the direction of the Department of National Defence. Recently, this organization is attempting to take over my copyright.

In my understanding (which is reasonably extensive, as I am a full-time photographer and have been for almost 20 years), the Canadian Copyright Act 2012 C-20 is absolutely clear photographers own their copyright. There is one exception, being if that photographer is an employee, and their employment is specifically as a photographer - i.e. journalists/photojournalists; in that case, the employer owns the copyright.

The organization I volunteer with is suggesting their *invitation* I photograph their events means I am under the direction/control of the Government of Canada. I am 99.9 percent certain this is not the case. They're referring to section 1. 2. 1.3 of the Crown Copyright Document.

My position is volunteers provide their skills, expertise, and time at their own leisure, can cannot be compelled to volunteer, so cannot be under the direction or control of the government. The organization can have expectations for standards of behaviour and observation of procedures, but a volunteer can refuse to provide their time all together, and cannot be forced, coerced, or in any way compelled to volunteer their time/skills/expertise.

Seeking an informed legal opinion.



  • This legislation, established in 1985, sets the framework for copyright protection in Canada. It outlines copyright ownership, duration, exclusive rights, exceptions, and remedies for infringement.
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