Canadian Boaters Face Choppy Copyright Waters

With the marine recreational season just around the corner, Canadian boaters could literally face uncharted waters. Most boaters use marine charts, which act like road maps, to navigate coastal waters. Although many of the charts remain paper-based, a growing number have become electronic. However, the use of certain electronic charts may be illegal. Although Canadian Hydrographic Services continues to make paper-based marine charts, a decade ago it entered into an agreement with Nautical Data International Inc (NDI), a Newfoundland company, giving NDI the exclusive right to make all electronic Canadian marine charts. Recently, after unsuccessful attempts to get C-MAP Group of Boston and Navionic, two other dominant electronic marine chart makers, to pay royalties to it, NDI asserted its exclusive right. The federal government has responded to the dispute by warning Canadian marine dealers not to sell C-MAP or Navionic electronic marine charts, as that may constitute a breach of NDI's exclusive rights. As a result, many thousands of Canadian boaters could find it difficult to gain legal access to current marine charts. The Canadian Hydrographic Services recognizes the looming safety issue and has indicated that it is reviewing its relationship with NDI. For more information, see: http://stjohns.cbc.ca/regional/servlet/View?filename=nl_chartfight20040409. Summary by: Colin Adams