Maureen Killoran, KC
May 25, 2016
Recently, the Alberta Court of Queen’s Bench released a decision regarding the availability of copyrighted seismic data, saying that although a copyright can exist, the public has a right to its eventual disclosure. Financial Post writer Julius Melnitzer discusses the Court’s finding in his article, “Seismic data available to public, even when copyrighted, court says.” The Court also ruled that an existing regulatory regime that governs federal lands in the north and on the east coast creates an exception to copyright protection.
Maureen Killoran Q.C., Managing Partner of Osler’s Calgary office, who represented some of the defendants in the lawsuit, says “[t]he decision affirms the existing understanding in the oil and gas industry, namely, that once the privilege period expires over seismic data governed by the regime, the owner no longer has exclusive right to control the public dissemination of its data.”
Under the regulatory regime, companies seeking permission to operate on federal land have to submit their seismic data to certain federal and provincial regulators as well as other governmental entities. Once that data is submitted, it remains confidential for five years. After that period, the public can access the information.
“The judgment serves to confirm as valid a contractual term often found in seismic license agreements that expressly acknowledges that copyright over seismic data is held by the licensor,” says Maureen.
Read the full article “Seismic data available to public, even when copyrighted, court says” at the Financial Post.