A Guide to Copyright (Page 3 of 3)

Beyond the Basics

Indicating copyright

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

Even though not always required, marking is useful since it serves as a general reminder to everyone that the work is protected by copyright. This symbol may be used even if the work is not registered.

Changes to the Register of Copyrights

Rectification of the Register of Copyrights

The Federal Court of Canada may on request by the Registrar of Copyrights or any interested person order a rectification (correction) of the Register.

Changes of address

Addresses cannot be changed in the Register of Copyrights. However, if brought to the attention of the Copyright Office, the change will be noted on the file. This information will be available to those searching the Copyrights Database.

Clerical errors

The Registrar of Copyrights does not have the authority to correct errors on a certificate of registration with the exception of clerical errors pursuant to section 61 of the Copyright Act.

In the case of clerical errors made by the applicant that fall within the scope of section 61 of the Copyright Act, a certificate of correction will be issued upon request and payment of the applicable fee. There is a reduced fee for requests made online. If the Copyright Office is responsible for the clerical error, a corrected certificate will be issued at no cost. It should be noted that corrections to errors that are not clerical must be done by order of the Federal Court pursuant to subsection 57(4) of the Copyright Act.

Visit our fees page for details.

Assignments and licences

Assignments and licences may be registered with the Copyright Office.

An assignment occurs when a copyright owner transfers part or all of their rights to another party. The assignment may be for the whole term of the copyright or for a certain part of it.

A licence allows someone else to use a work for certain purposes and under certain conditions. The copyright owner still retains ownership.

To register an assignment or licence, the original agreement or a photocopy of it along with the prescribed fee per work affected by the assignment or licence must be filed with the Copyright Office. Requests may be submitted by mail, facsimile or online. The Office will retain a copy of the documentation and return the original documentation along with a certificate of registration.

Additional contacts and information

Copyright Board of Canada

56 Sparks Street, Suite 800
Ottawa ON K1A 0C9

Tel.: 613-952-8621
Fax: 613-952-8630
Website: cb-cda.gc.ca

The Copyright Board of Canada is a regulatory body for the establishment of royalties for the use of works protected by copyright when the administration of such copyright has been entrusted to a collective-administration 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 also on Justice Canada's website.

Government publications

Government publications are usually protected by Crown copyright. Permission to use or reproduce government works may be obtained by writing to:

Crown Copyright and Licensing
Publishing and Depository Services
Public Works and Government Services Canada
Ottawa ON K1A 0S5

Tel.: 613-996-6886
Fax: 613-998-1450
Website: publications.gc.ca

Justice Canada

Laws enacted by the Government of Canada, decisions and reasons for decisions of federally constituted courts and administrative tribunals are subject to special copyright rules. Anyone may, without charge and without asking permission, reproduce federal laws, decisions and reasons for decisions of federal courts and administrative tribunals. The only condition is that due diligence be exercised in ensuring the accuracy of the material reproduced and that the reproduction not be represented as an official version. Electronic copies of federal government acts and regulations (including the Copyright Act and Copyright Regulations) are available on Justice Canada's website.

Library and Archives Canada

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 one week of the date they are published.

For more information, please contact:

Legal Deposit
Library and Archives Canada
395 Wellington Street
Ottawa ON K1A 0N4