ORA-2.2
A nonprofit or NGO including it in a dataset, under ORA 2.2
Charitable or public-benefit organisation, any size. Adding the Work to an archive, index, or corpus that may be trained on. This resolves to the Root tier with a Compute licence required on top.
Tier
Owed
No royalty, but a Compute Fee before the training run. The Root tier does not include training at any size.
Sections in play
1.7, 2.1, 2.2, 6.1, 6.2, 6.3, 6.5
Who and what
The situation being resolved.
Actor
A nonprofit or NGO
Charitable or public-benefit organisation, any size.
any
Situation
Including it in a dataset
Adding the Work to an archive, index, or corpus that may be trained on.
Rulings
4 questions resolved against the text.
Which tier applies?
Root. Charitable or public-benefit organisation, any size. Below $20,000,000 in trailing revenue, or within an exempt category, no Canopy royalty applies. Sections 4, 6, 8, and 10 still bind every Licensee.
Sections 1.7, 2.1, 2.2
Is anything owed?
No royalty, but a Compute Fee before the training run. The Root tier does not include training at any size.
Sections 6.1, 6.2
Does training need its own licence?
Yes, at every tier including Root. Section 6.1 removes AI Training Use from the base grant entirely. The fee is charged per 1,000 skill or prompt files in the training corpus. Training without it is not a lesser breach of these terms, it sits outside the licence, which Section 6.5 treats as infringement.
Sections 6.1, 6.2, 6.5
What must the resulting model do?
Carry provenance disclosure on output that reproduces the Work substantially word for word, above the threshold set in Exhibit B. Section 6.3 targets the attribution harm alleged against Copilot rather than attempting to police memorisation.
Sections 6.3
Cautions
What this situation gets wrong most often.
Revenue is measured across entities under common control, per Section 1.4. A parent company above the threshold makes its subsidiary a Canopy Licensee regardless of that subsidiary's own turnover.
Corpus Inclusion under Section 1.11 reaches datasets compiled with actual knowledge they will be used for training. Passing the Work to a third party who trains on it does not move the obligation off you.
Attribution lives in the package manifest under ORA 8.1, not only in documentation, because an agent package is installed by a machine that never reads a directory listing.
Same actor
Other situations for this party.
Non-normative. Where this and the licence text disagree, the licence text applies.