What is a copyright?
Copyright is the exclusive right to copy a creative work or allow
someone else to do so. It includes the sole right to publish,
produce or reproduce, to perform in public, to communicate a work to
the public by telecommunication, to translate a work, and in some
cases, to rent the work.
To what does copyright apply?
Copyright applies to all original literary, dramatic, musical and
artistic works. These include books, other writings, music,
sculptures, paintings, photographs, films, plays, television and
radio programs, and computer programs. Copyright also applies to
other subject matter which includes sound recordings (such as
records, cassettes, and tapes), performer's performances and
communication signals.
What is not protected by copyright?
Themes, ideas, most titles, names, catch-phrases and other
short-word combinations of no real substance.
Who owns the copyright?
Generally, the owner of the copyright is:
- the creator of the work;
- the employer, if the work was created in the course of
employment unless there is an agreement to the contrary;
- the person who commissions a photograph, portrait, engraving
or print for valuable consideration (which has been paid) unless
there is an agreement to the contrary; or
- some other party, if the original owner has transferred the
rights.
How do I obtain copyright?
You acquire copyright automatically when you create an original
work or other subject matter.
Do I have to do anything to be protected?
No. Since you obtain copyright automatically, you are
automatically protected by law. However, it is still a good idea to
register your copyright and to indicate notice of copyright on your
works.
What are the benefits of copyright registration?
Registration gives you a certificate that states you are the
copyright owner. You can use this certificate in court to establish
ownership. (The onus is on your opponent to prove that you do not
own the copyright.)
How do I register a copyright?
You file an application with the Copyright Office along with a
prescribed fee. An application form and instructions for filling it
out are available from the Copyright Office or by visiting the
Copyright home page. Electronic commerce is also possible via
our Web site. The registration process normally takes three weeks.
The fee covers review of your application, registration and your
official certificate.
Once I have registered, do I have to pay further fees to
maintain my copyright?
No. The registration fee is a one-time expense.
How long does copyright last?
Generally, copyright in Canada exists for the life of the author
plus 50 years following death. There are some exceptions.
Copyright protection always expires December 31 of the
last calendar year of protection.
Does the Copyright Office check to ensure that my claim of
copyright is legitimate?
No, the Office does not verify ownership. Only the courts can do
that.
Do I need to mark my work with a notice of copyright?
This isn't necessary to be protected in Canada, however, you must
mark your work with the symbol ©, the name of the copyright owner
and the year of first publication to be protected in some other
countries. Even though it is not always required, marking is useful
since it serves as a general reminder to everyone that the work is
protected by copyright.
Is the copyright of a Canadian author valid in foreign
countries?
Yes, as long as the country in question belongs to one or more of
the international copyright treaties, conventions or organizations.
These include the Berne Convention, the Universal Copyright
Convention, the Rome Convention, and the World Trade Organization (WTO).
These international conventions, treaties and organizations include
most countries in the world.
What is copyright infringement?
Unlawful use of copyright material. Plagiarism — passing off
someone else's work as your own — is a form of infringement.
What is "fair dealing"?
Use or reproduction of a work for private study, research,
criticism, review or news reporting.
Will the Copyright Office prevent others from infringing my
rights?
No. The responsibility for policing your copyright rests with
you.
