File talk:Brigadier General Colin Keiver.jpg

Johny3936 (talk) 05:18, 17 May 2020 (UTC)

Why this image is not subject to Crown copyright

The following links, https://www.canada.ca/en/department-national-defence/corporate/intellectual-property/crown-copyright.html, https://www.canada.ca/en/department-national-defence/corporate/policies-standards/defence-administrative-orders-directives/7000-series/7021/7021-1-conflict-of-interest.html#pc and https://laws-lois.justice.gc.ca/eng/acts/N-5/page-59.html#docCont, manage to explain how this is allowed to be used without permission. It is stated in the first link;

"You do not need permission to reproduce Crown copyright protected Work held by DND/CAF, in part or in whole, by any means, if you meet all of these criteria:

• the reproduction is used in a lawful manner (for example, complying with section 291 of the National Defence Act)
• the reproduction is used in accordance with Defence Administrative Order and Directive 7021-1 (see section 3.2 regarding “Preferential Treatment”)
• the reproduction is used for personal or public non-commercial use or for cost-recovery use"

As well as,

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

• exercise due diligence to ensure the accuracy of the Work reproduced
• show both the complete title of the Work reproduced and the author organization
• state that the reproduction is a copy of an official Work that is published by DND/CAF
• Make clear that the reproduction has not been produced in affiliation with, or with the endorsement of, DND/CAF"

The keywords in the sentences above are as follows:

• "held by DND/CAF" - the owners of the image.
• "Used in lawful manner... complying with section 291 of the National Defence Act" - In the third link I shared it is stated in section 291(1)(b) that you can only not use "any picture or other representation of a member of the Canadian Forces" in the case that it is used in advertising, trade or service, as the title of the section, "Unlawful usage in advertising, trade or service", has stated.
• "used in accordance with Defence Administrative Order and Directive 7021-1 (see section 3.2 regarding “Preferential Treatment”)" - There is no manner in which this image is violating these principles.
• "used for personal or public non-commercial use" - Similar to Section 291(1)(b) of the National Defence Act, public non-commercial use is what this falls under.
• "Important for non-commercial reproduction:" - This image complies with all of the listed requirements.

Conclusion

This image is not considered to be subject to Crown copyright as it is being used in a manner where the subject is allowed to be reproduced. This has been supported by the Crown copyright protected works managed by National Defence and the Canadian Armed Forces, and Defence Administrative Orders and Directives 7021-1(section 3.2).