Monthly Archives: November 2013

Decision-Making with Uncertain Data

Professor Scott Bell

Director, The Spatial Initiative

University of Saskatchewan

117 Science Place, Saskatoon, SK S7N 3C8

Governments have long provided their citizens with high quality data through centralized services. Generally, these are collected as a population census with an additional and more detailed sampled survey. In Canada, the former is known as the short form census and the latter was called the long form until 2010. The short form provides an accurate count of the total population at the time of the census, while the long form has provided more detailed information about our people. In Canada, the census is collected every 5 years by Statistics Canada (StatsCan), an agency of the federal government. In 2010 an Order in Council altered the past practice of a simultaneous short and long form census to a separate short form and National Household Survey (NHS). The primary difference between the NHS and the long form is that the NHS is not mandatory, whereas the long form was compulsory by law. There have been concerns from many different stakeholders about the value of the NHS as a statistically valid and reliable representation of Canada’s people. StatsCan is not alone in transitioning to a different detailed data collection tool. The US Census has changed the way it collects such data as well; with the introduction of the American Community Survey (ACS). In doing this, they have switched from a decennial short and long form census to a decennial short form census and an annual detailed survey (the ACS). This research will contextualize the introduction of the NHS in Canada with the ACS in the United States.

Research Area: Copyright and Privacy Law Issues Arising from the Geoweb

Professor Elizabeth Judge, University of Ottawa, Faculty of Law

Year 1: “Implied License for Downstream Uses of Copyrighted Information
on the Geoweb”
*Abstract:*

How does copyright law apply to material individuals submit to
government-operated websites, such as original compilations of
geographic data, surveys, or maps?

Authors of copyrightable works are the first owners of copyright and
have a bundle of exclusive rights, including the right to prevent others from
copying and publishing their works. Copyright arises automatically,
and authors need not actively affirm or register their copyright to obtain
protection. Moreover, individuals do not waive their copyright by a failure
to exercise their rights. However, certain actions by a copyright owner
may constitute an implied license or waiver of copyright, permitting
others to do activities that would otherwise be copyright infringing.

The Geoweb promises to connect individuals seamlessly, to allow individuals to
communicate with government, and for governments to use these inputs to
fashion policy responses. Copyright is potentially an obstacle to
realizing the potential of the Geoweb, especially the ability of the
public to contribute and use the information, as it may be difficult to
determine what information is protected by copyright and what uses the
government and the public may make of information posted online by
others.

The research will discuss which material is subject to copyright
and examine how the legal mechanisms of implied license and waiver may
apply to information that individuals contribute to the Geoweb. It will
discuss the legal framework for addressing whether government may make
such information publicly available and what uses the public can
subsequently make of these works, and it will suggest best practices to
facilitate public participation in a copyright-compliant manner,
including licensing.