Copyrights

What is copyright?

Copyright is the exclusive right to produce, reproduce, perform, publish, communicate to the public by telecommunication, translate a work, and in some cases, to rent a work or to allow someone else to do so.

How to obtain copyright?

You acquire copyright protection automatically when you create an original work or other subject matter. However, it is still recommended to register the copyright and to indicate notice of copyright on the work. A certificate of registration will be used in court as proof of ownership.

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;
• some other party, if the original owner has transferred the rights.

How long does copyright last?

Generally, copyright in Canada lasts for the life of the author plus 50 years following death. There are some exceptions.

Criteria to obtain copyright?

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, including sound recordings (such as records, CDs, DVDs, cassettes and tapes), performer’s performances and communication signals.

What are the steps for copyright registration?

These steps usual involve:

• the filing of an application;
• the examination of the application by the Copyright Office; and
• the delivery of the registration certificate.

Is the Canadian copyright valid in foreign countries?

Yes, as long as the country in question has adhered 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. It is necessary to examine whether local laws provide for a prescription of ownership on registration.