Copyrights

In Canada, copyright is defined as the exclusive legal right given to the author/creator of an original work, such as a literary (e.g. books, computer/software programs), dramatic (e.g. movies, TV shows, plays, scripts, choreography), musical (e.g. songs, musical compositions, scores), or artistic work (e.g. paintings, drawings, photographs, sculptures, tattoos, architectural design, plans, and models), to control how that work is used. This includes the rights to reproduce, distribute, perform, display, and create derivative works based on the original. The registration of copyright provides an owner with official proof of ownership, thus facilitating licensing to others and potential royalty arrangements, as well as easier enforcement against infringers.

The duration of copyright protection generally lasts for the lifetime of the creator plus an additional 70 years after their death. After that, the work is in the public domain, and anyone can use it without the need to acquire permission.

Generally, the author, the person who created the work, is the copyright owner of that work.

The work must have:

• Originality
• Human authorship
• The work must be fixed in a tangible medium of expression

The copyright registration process currently takes 1-2 weeks in Canada.

Even though copyrights belong to the author of the work automatically upon creation of the work, formally registering your copyrights with the Canadian Intellectual Property Office (CIPO) is recommended for the following reasons:

• Legal Proof of Ownership: Registration provides a public record of your copyright ownership, which can serve as legal proof if there is ever a dispute over who created the work. It strengthens your legal position as the copyright owner to protect and benefit from your creative works.
• Presumption of Ownership: In legal proceedings, registration provides a presumption of ownership, which can make it easier to enforce your rights and reduce the burden of proof that you are the original creator. It shifts the onus on the infringer to disprove your ownership of the work.
• Enhanced Legal Remedies: Registered copyrights may be eligible for statutory damages and legal costs in infringement cases, which can provide more significant compensation compared to unregistered works.
• Deterrence of Infringement: A registered copyright can serve as a deterrent to potential infringers, as it signals that the creator is serious about protecting their rights and is prepared to take legal action if necessary.
• Easier Licensing and Sale: Registration can facilitate the process of licensing or selling your copyright, as it provides clear documentation of ownership and the scope of your rights. If your copyrighted work is in demand, it increases your potential to generate revenue from it and, as a result, help recoup some of the time and money you’ve spent creating your work.
• International Protection: While registration in Canada does not automatically grant protection in other countries, it can be helpful when seeking to enforce your rights abroad, particularly in countries that are members of international copyright treaties.

Although it is not necessary to mark the work with the copyright symbol ©, we highly recommend that you do, as it provides:

• Public Notification: The symbol serves as a clear indication to the public that the work is protected by copyright, helping to prevent unintentional infringement.
• Deterrence: Displaying the copyright symbol can discourage potential infringers by signalling that the creator is aware of their rights and is prepared to enforce them.
• Documentation: The symbol, often accompanied by the year of first publication and the name of the copyright owner, provides a record of the ownership and the date of creation, which can be useful in legal disputes.
• Professionalism: Using the copyright symbol adds a level of professionalism to your work, demonstrating that you take your intellectual property rights seriously.
• Ease of Enforcement: While the use of the symbol is not required for copyright protection in Canada, it can make it easier to enforce your rights by providing visible evidence that the work is copyrighted.
• International Recognition: The copyright symbol is universally recognized, which can be beneficial if you plan to distribute your work internationally, as it indicates protection under the Berne Convention and other international treaties.

Accordingly, we recommend you properly mark any materials or works you claim copyright to in the following format:

© The copyright owner’s name, year of first publication

Copyright infringement occurs when a person uses a copyrighted work in a way that is exclusively reserved for the copyright owner under the Copyright Act without permission from the copyright owner. A copyright owner can then seek various legal actions and remedies to enforce their copyrights.

Specific acts that constitute copyright infringement include:

• Reproduction: Making copies of a work, such as photocopying a book, duplicating a digital file, or recording a performance.
• Public Performance: Performing copyrighted work in public, such as playing a song at a concert or screening a movie to an audience, without proper authorization.
• Distribution: Distributing copies of a work to the public, whether by sale, rental, lease, or lending, without the copyright owner’s consent.
• Communication to the Public: Communicating the work to the public by telecommunication, such as broadcasting a song on the radio or streaming a video online, without permission.
• Adaptation: Creating derivative works based on the original, such as translating a book into another language, making a movie adaptation, or remixing a song without authorization.
• Public Display: Displaying a copyrighted work publicly, such as showing a photograph or artwork in a public space or on a website, without the copyright owner’s permission.
• Importation: Importing copies of a copyrighted work into Canada for distribution, sale, or rental without the copyright owner’s consent.

Copyright infringement also includes indirect acts such as:

• Aiding and Abetting: Assisting or facilitating someone else in infringing on copyright.
• Possession of Infringing Copies: Possessing copies of a work that were made or distributed in violation of copyright law.

Moral rights in the context of copyrights refer to the personal rights of creators to protect the integrity and personal connection to their work so it’s not used or altered in ways that they find objectionable, which is separate from the economic rights associated with copyright. They include the following:

• Right of Attribution: The right to be recognized as the author of the work and to have their name associated with the work or to remain anonymous if they choose.
• Right to the Integrity of the Work: The right to protect the work from any distortion, mutilation, or other modification that would be prejudicial to the creator’s reputation. This includes protection against any derogatory treatment of the work.
• Right to Association: The right to control the association of the work with a product, service, cause, or institution that the creator does not wish to be associated with to prevent harm to their reputation.

It is important to note that:

• Moral rights cannot be transferred or sold to another person. However, they can be waived by the creator if they explicitly agree to do so.
• Moral rights last for the same duration as copyrights in the work, which is generally the lifetime of the creator plus 70 years after their death.

The creator or their heirs can enforce moral rights, and violations can lead to legal action for remedies such as injunctions or damages.