A guide to copyright

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Understanding copyright — The basics

This guide is intended as an introduction to copyright and copyright registration. It is not a complete text on the law regarding copyright.

Please note that, if your particular situation requires specific legal advice, you should consult a lawyer specializing in intellectual property (IP) law, or a legal clinic focused on IP.

Protect your valuable creations

A poem, painting, musical score, computer program—all are valuable creations, although perhaps no one can measure their worth. Some works may earn a lot of money in the marketplace, while others earn none at all.

The purpose of the Copyright Act is to further the public interest by promoting the creation and dissemination of works of the arts and intellect, and to allow creators a just reward for their creations.

Regardless of their merit or commercial value, Canadian law protects all original literary, dramatic, musical and artistic works, provided the conditions set out in the Copyright Act have been met. This means that if you own the copyright to a poem, song or other original work, you have rights but these rights are balanced with various conditions and exceptions to copyright which limit its length and applicability under certain conditions.

People sometimes confuse copyright with patents, trademarks, industrial designs and integrated circuit topographies. Like copyright, these are forms of IP and are covered in their own legislative acts. For more information on different types of IP, consult the Canadian Intellectual Property Office (CIPO)'s Understand the basics page.

Copyright: Definition and applicability

Copyright applies to original literary, dramatic, musical and artistic works that are in a fixed material form (i.e., written, recorded) and means that a copyright owner has:

  • the sole right to produce or reproduce that work or a substantial part of it in any material form
  • the sole right to perform that work or any substantial part of it in public
  • if the work is unpublished, the right to publish it or any substantial part of it

Copyright protection applies to all original literary, dramatic, musical and artistic works provided the conditions set out in section 5 of the Copyright Act have been met. Each of these general categories covers a wide range of creations, including:

  • literary works such as books, pamphlets, computer programs, software and other works consisting of text
  • dramatic works such as motion picture films, plays, screenplays and scripts
  • musical works such as musical compositions with or without words
  • artistic works such as paintings, drawings, maps, photographs, sculptures and plans

Copyright's balance means it is subject to certain exceptions, which are found throughout Part III of the Copyright Act. These exceptions allow copyrighted works to be copied without authorization or payment under certain conditions or for specific purposes (for example: educational purposes, shifting a work from an obsolete form to a modern form, or for accessibility purposes). For more information on exceptions within the Copyright Act and to determine if they are applicable to you, please consult a lawyer specializing in IP law, or a legal clinic focused on IP.

Copyright also applies to other subject-matter, as described below, though the associated rights may differ somewhat.

  • Performers' performances, meaning any of the following:
    • a performance of an artistic, dramatic or musical work, whether or not the work was previously recorded and whether or not the work's term of copyright protection has expired
    • a recitation or reading of a literary work, whether or not the work's term of copyright protection has expired
    • an improvisation of a dramatic, musical or literary work, whether or not the improvised work is based on a pre-existing work
  • sound recordings, meaning recordings consisting of sounds, whether or not a performance of a work, but excluding any soundtrack of a cinematographic work where it accompanies the cinematographic work
  • communication signals, meaning radio waves transmitted through space without any artificial guide, for reception by the public

For more detailed information about rights and exceptions relating to subject-matter other than works, please consult Part II of the Copyright Act, R.S.C., 1985, c. C-42 or consult a lawyer specializing in IP law, or a legal clinic focused on IP.

The conditions for copyright

Works

One of the conditions for copyright is that where the author of the work must have been, at the date of the making of the work, a citizen or subject of, or a person ordinarily resident in, Canada or a country with which Canada has certain treaty obligations. (A treaty country is defined as a Berne Convention country, a Universal Copyright Convention country or a World Trade Organization member.) For more information, please consult section 5 of the Copyright Act or seek assistance from a lawyer specializing in IP law or a legal clinic focused on IP.

Subject-matter other than works

For detailed information about how Canadian copyright law protects performers' performances, sound recordings and communication signals, please consult Part II of the Copyright Act, or seek the assistance of a lawyer specializing in IP law, or a legal clinic focused on IP.

Benefits of registration

The Copyright Act states that a certificate of registration of copyright is evidence that the copyright subsists and that the person registered is the owner of the copyright. This evidence may be challenged in a court proceeding.

In administering the Copyright Registry, CIPO does not verify or examine the claims made in applications for copyright registration. Likewise, it is not responsible for monitoring registered works and how people use them, and it cannot guarantee the legitimacy, ownership, authorship or originality of a work.

Term of protection

Generally, copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, and for 70 years following the end of that calendar year. Therefore, protection will expire at the end of the 70th calendar year after the author dies.

Before , the general term of protection was 50 years after the death of the author. On , this term was extended to 70 years after the death of the author. The extension of this term does not have the effect of reviving copyright in works for which protection expired prior to .

There are some exceptions to the general term of copyright protection, including:

  • Crown copyright
  • works of joint authorship
  • works where the identity of the author is unknown
  • posthumous works, i.e., works that have not been published, performed in public or communicated to the public by telecommunication during the author's lifetime
  • subject-matter other than works (such as performer's performances, sound recordings and communication signals)

For more information, please consult the Copyright Act or seek the assistance of a lawyer specializing in IP law, or a legal clinic focused on IP.

Works of Crown copyright

Crown copyright applies to government works (prepared or published by or under the direction or control of the Crown). Copyright in these works lasts for the remainder of the calendar year in which the work is first published and for 50 years after that.

The Government of Canada has policies in place to facilitate use of Crown works as dissemination of these works is often in the public interest. The Reproduction of Federal Law Order allows reproduction of federal laws, regulations and court decisions under certain conditions. Federal websites and documents may have policies regarding the use(s) of such works that may be consulted to better understand allowable uses.

Applying for registration of copyright

Find step-by-step instructions on preparing and filing your application for registration on our Registration of copyright page.

Fees

Visit CIPO's fees page for details on copyright registration fees or contact the Client Service Centre for additional information and guidance.

Corresponding with CIPO

Visit CIPO's correspondence procedures page for more information.

For information on how to correct errors with your copyright application or registration, please refer to the Requesting a certificate of correction page.

Electronic services

Visit CIPO's forms page to find out about services offered online and to access forms you can complete and send by regular mail or by facsimile.

Copyright information — Beyond the basics

Anonymity in registration

If you are the author and owner of the copyright work and you wish to remain anonymous, you may use a pseudonym in place of your name when applying for copyright registration. Note that you must still include a complete mailing address.

If you have any questions about the use of a pseudonym, you should seek the services of a lawyer specializing in IP law, or a legal clinic focused on IP.

Copyright notice

Marking a work with the copyright symbol is not mandatory under Canadian copyright law but some other countries do require it. The copyright notice consists of the symbol ©, the name of the copyright owner and the year of first publication.

Including a copyright notice serves as a general reminder to everyone that the work is protected by copyright. You can use this symbol even if the work is not registered.

Assignments and licences

For information on assignments and licences, consult CIPO's Transfer ownership page.

Additional contacts and information

Copyright Board of Canada
56 Sparks Street, Suite 800
Ottawa, Ontario K1A 0C9
Tel.: 613-952-8621
Fax: 613-952-8630
www.cb-cda.gc.ca

The Copyright Board of Canada is the regulatory body that approves tariffs that establish royalties for the use of copyright works whose rights are managed by a collective society. The Board may also supervise agreements or licences between users and licensing bodies and issue licences where a copyright owner cannot be located.

Court orders

The procedure for obtaining court orders is outlined in the Federal Courts Rules, available through any local public library or bookstore selling government publications, and on the Department of Justice Canada website.

Library and Archives Canada

Under the Library and Archives of Canada Act and the Legal Deposit of Publications Regulations, publishers making publications available in Canada are obliged to send copies of their publications to Library and Archives Canada generally within 1 week of the date they are published.

For more information, please contact:

Legal Deposit
Library and Archives Canada
395 Wellington Street
Ottawa, Ontario K1A 0N4
Tel: 819-997-9565
Toll-free number for Canada: 1-866-578-7777
Fax: 819-997-7019
www.collectionscanada.gc.ca

Frequently asked questions

What is copyright?

Copyright is a type of IP protection provided to original literary, musical, dramatic and artistic works. A copyright owner enjoys several rights including the right to prevent others from reproducing the owner's work or copying any substantial part of it. Copyright law also applies to performers' performances, sound recordings and communication signals.

What is not protected by copyright?

Ideas, facts, short and 1-word titles, and works that are not fixed in a material form (i.e., works that have not been written down or recorded in a somewhat permanent format) are not protected by copyright. Additionally, works which are not "original" (i.e, works whose creation did not involve the exercise of skill and judgment) cannot be protected by copyright law.

Do I need to register my copyright in order for my work to be protected? What are the benefits of copyright registration?

No, a work is protected by copyright law the moment it is created and fixed in a material form. Registering your work with CIPO is voluntary, but can be beneficial. The certificate of registration is evidence that copyright subsists in the work and that the person registered is the owner of the copyright. This evidence may, however, be challenged in a court proceeding.

Please note that CIPO does not verify or examine the claims made in applications for copyright registration. Likewise, it is not responsible for monitoring registered works and how people use them, and it cannot guarantee the legitimacy, ownership, authorship or originality of a work.

How long does copyright last?

Generally, copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, and for 70 years following the end of that calendar year. Therefore, protection will expire at the end of the 70th year after the author dies.

What happens when copyright protection ends or expires?

When copyright protection expires, works fall into the public domain and are free to be used and enjoyed by anyone without the need to acquire permission. For example, William Shakespeare's plays are part of the public domain, and therefore everyone may produce or publish them without having to acquire permission or pay royalties.

Do I need to mark my work with the copyright symbol?

No, Canadian copyright law does not require marking a work with the copyright symbol (©) for the work to be protected. Nonetheless, there are benefits to including a copyright notice on your work. For instance, it serves as a deterrent to unauthorized reproduction and as a reminder that copyright is claimed in the work. In case of a lawsuit, the copyright symbol could also be used as evidence against someone claiming to be an "innocent infringer". Additionally, since there are some jurisdictions that do require works to be marked, it may be prudent to include a copyright notice when putting them online or making them available in a foreign jurisdiction. For further information, please consult a lawyer specializing in IP law or a legal clinic focused on IP.

Generally, a copyright notice consists of the symbol ©, the name of the copyright owner and the year of first publication. For example, "© Jane Doe, 2019". The copyright symbol may be used even if the work has not been registered.

Someone infringed my copyright. What can I do?

Copyright infringement occurs where a person does anything only a copyright owner is allowed to do, without their permission. Infringement may include acts such as copying, performing, selling/distributing or posting your work on the internet without your permission. CIPO does not offer advice as to whether a particular act constitutes infringement. For assistance with such issues please consult a lawyer specializing in IP law or a legal clinic focused on IP.

How can I register the copyright in my work?

To register your copyright you must file an application accompanied by the appropriate fee with CIPO, a federal agency responsible for the administration and processing of IP rights in Canada, including the registration of copyrights.

You can file your application for copyright registration with CIPO electronically, by mail or by fax.

Is there a way to ensure my copyright is protected internationally?

While there is no international copyright registration system, there are international treaties, such as the Berne Convention and the World Intellectual Property Organization Copyright Treaty, that extend copyright protection to foreign jurisdictions without having to register your copyright. These international agreements require member states to grant authors the same rights as if the work was created within the member's jurisdiction.

Do I need to send CIPO a copy of my work for registration?

No, CIPO does not require a copy of the work for registration. CIPO does not accept copies of works submitted with copyright application forms at the time of filing, nor after registration. CIPO does not verify or examine the claims made in applications for copyright registration and it cannot guarantee the legitimacy, ownership, authorship or originality of a work.

However, under the Library and Archives of Canada Act and the Legal Deposit of Publications Regulations, Canadian publishers are obliged to send copies of their publications to Library and Archives Canada within 1 week of the date they are published. Note that depositing published materials with Library and Archives Canada does not constitute or convey formal copyright registration or protection.

How do I register an assigned copyright?

To register an assignment, a copy of the original transfer agreement or a photocopy signed by both parties must be filed with CIPO along with the prescribed fee. You must also include the names or the registration numbers of the affected works. Requests may be submitted by mail, by fax or online.

What are moral rights? What does it mean to waive my moral rights?

Copyright law in Canada grants authors moral rights in addition to copyright in their works. Moral rights are concerned with the natural and inherent rights of a creator, and include the right of anonymity (the right of the author to remain anonymous); the right of integrity (to prevent distortion, mutilation or modification of the work); and the right of association (to be credited for the work).

Moral rights cannot be assigned or transferred, but can be waived. Even if an author decides to assign their copyright in a work, the author continues to hold the moral rights to the work, unless they formally waive their moral rights. By formally waiving moral rights, an author no longer has the rights outlined above. Once moral rights are waived, they cannot be reacquired.

I have a question about copyright. Who do I contact?

If you have a question concerning copyright registration(s) and applications to register:

Please contact CIPO's Client Service Centre, where experienced information officers can answer your queries on copyright registration and applications to register.

  1. Toll-free from anywhere in Canada and the United States: 1-866-997-1936
  2. International calls only: 1-819-934-0544
  3. TTY (cannot receive voice calls on this line): 1-866-442-2476

If you have a question concerning copyright tariffs and tariff proceedings:

Please contact the Copyright Board of Canada, a Government of Canada administrative agency which, among other things, sets the royalties to be paid for certain uses of works protected by copyright.

  1. Email: secretariat@cb-cda.gc.ca
  2. Telephone: 1-613-952-8621
  3. Fax: 1-613-952-8630

If you have any other general questions related to copyright:

Please contact the Copyright Policy Branch of the Department of Canadian Heritage, a Government of Canada department that promotes access to quality copyright information so that Canadians may better understand and apply the legislation, regulations and processes governing copyright.

  1. Email: PCH.info-info.PCH@canada.ca
  2. Telephone: 1-819-997-0055
  3. Toll-free: 1-866-811-0055 (the toll-free lines have agents available to answer your questions, Monday to Friday, 8 a.m. to 5 p.m. Eastern Time)
  4. TTY (cannot receive voice calls on this line): 1-888-997-3123

Please note that none of these organizations has a mandate to give legal advice to private persons, corporations or government agencies.