Copyright 

The Copyright Act in Canada provides that an author or subsequent owner of a copyright is the only one with the right to copy a creative work or allow someone else to do so.  Copyright includes the sole right to publish, produce or reproduce a creative work, to perform a creative work in public or to broadcast that work to the public, to translate a work or in some cases to rent the work.

Copyright applies to a number of different mediums and items.  For example, it applies to all original literary, dramatic, musical and artistic works, which include books and other writings, music, sculptures and paintings and the like, plays, television and other media broadcasts and programs, as well as computer software programs.  The copyright in such work covers the creative expression embodied in the work itself.  The theme or idea conveyed by the work is not protected by copyright nor in most cases is the title or name of the work.

Who Owns Copyright?

The owner of the copyright in a work is the creator of the work, unless certain circumstances exist.  If a work in which copyright exists is created by an individual within the scope of their employment, the employer is the owner of the copyright in that work unless there is an agreement to the contrary.  Similarly, the person who commissions the production of a photograph, portrait or the like for payment, and has made that payment, is the owner of the copyright in that work unless there is some agreement with the artist to the contrary.  Copyright can be transferred.  As such, while the author is the original owner of the copyright in a work, they can transfer or assign their rights to another individual.

Is Registration Required?

Copyright does not need to be registered in order for the rights to crystallize.  The copyright in a work is created by the author at the time that the work itself is created.  Since the copyright automatically arises under law, it is not necessary to register the copyright to be protected.  However, it is still a good idea to register the copyright and to indicate notice of your copyright on the work to strengthen your copyright ownership position.

How Long Does Copyright Last?

The term of copyright in Canada is for 50 years after the life of the author.  There are certain exceptions to this rule, but that is the general case.

What is a Copyright Notice?

It is not necessary to mark your work in Canada in order to maintain a claim to copyright ownership.  However, in some other countries it is necessary to put a copyright notice on the work.  A copyright notice includes the ©, as well as the name of the copyright owner and the year of first publication.  Even though it is not always required to put a copyright notice on your work, we generally speaking recommend that a copyright notice be used, since it serves as a general reminder to everyone reviewing your work that it is protected by copyright.

International Protection

The copyright of a Canadian author is valid in foreign countries as long as the country in question is a signatory to one or more of the international copyright treaties.  Similarly, the copyrights of foreign authors are in most cases valid in case as well.  

Copyright Infringement

Again, while the Canadian Copyright Office will allow you to register your copyright and thereby gain access to the rights of a registered copyright holder, the government will not take any steps to prevent others from infringing your rights; that remains the responsibility of the owner or licensed user of a work.

Copyright is infringed when a person who does not have the right to do so does something which is within the exclusive rights of a copyright owner, for example copying or otherwise benefiting from or reusing or rebroadcasting a copyrighted work.  Generally speaking, most copyright infringement consists of the copying or reproduction in a material form of a substantial part of a copyrighted work.  For example, copying books or computer programs is a copyright infringement.

Remedies for copyright infringement include the award of damages or an injunction to prohibit further infringing conduct.  Copyright owners can elect to either receive damages based on their actual damages suffered, including lost profits, or prescribed statutory damage amounts.  Also, the Copyright Act creates criminal offences for copyright infringement.

The Copyright Act exempts certain activities from copyright infringement, including “fair dealing” for the purposes of private study, criticism or review, and stipulates that any action for the recovery of damages or other remedy for copyright infringement must be commenced within a limitation period of three years. 

Copyright Services:

The following are examples of some of the professional services which you might require in the copyright area:

• copyright searches;

• drafting, filing and prosecution of copyright registration applications in countries around the world;

• opinions as to whether or not someone is infringing your copyright, or if you are infringing someone else’s copyright;

• advice and assistance in the enforcement of your copyright, or conversely advice and assistance in the case where you are accused of infringing someone else’s copyright;

• assistance in the licensing, assignment or transfer of copyright, or other copyright-related aspects of business transactions.  

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