A Guide to Copyrights (Page 7 of 10)
A Guide to Copyrights (PDF - 2.2 MB - 27 pages)
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Beyond the Basics
Indicating copyright
There is no requirement to mark your work under the Copyright Act; however, the Universal Copyright Convention provides for marking with the symbol ©, the name of the copyright owner and the year of first publication (for example: © Jane Doe, 1986).
Some countries that are members of the Universal Copyright Convention, but not of the Berne Convention, require such marking. Since registration with the Copyright Office does not preclude copyright ownership, you may use the symbol © even if you have not registered your work.
The Copyright Office processes your application to ensure that all requirements for registration have been met, and will contact you to discuss the particulars of certain information only when it is unclear, or if the copyright cannot be registered due to missing information or fees. An application, accompanied by the appropriate fee, must be filed with the Copyright Office to proceed to registration. Details about fees are available on the CIPO website (www.cipo.ic.gc.ca/copyrights).
Corrections to the Copyright Register
Rectification of the Copyright Register
The Federal Court of Canada may, on request by the Registrar of Copyrights or any interested person, order a rectification of the Register.
Changes of address
Changes of address are not entered in Copyright Register. If brought to the attention of the Copyright Office, it will be noted in the Office records for the convenience of persons searching the register.
Clerical errors
Under the Copyright Act, a certificate of correction may be issued in cases where a clerical error has been made in preparing an application or registration document.
If the error occurred on the part of the Copyright Office, a certificate of correction bearing the same registration number will be issued at no charge. If the error occurred on the part of the party making the application, the Office will only issue a certificate bearing the same registration number if a request is filed along with the prescribed fee. Details about fees are available on the CIPO website (www.cipo.ic.gc.ca/copyrights).
Grants of interest in copyright
Assignments and licences that are considered "grants of interest" in a copyright may be registered with the Copyright Office. As the owner of a copyright, you may confer your rights to produce or reproduce a creative work to other people through a legal agreement.
An assignment occurs when you transfer part, or all, of your rights to another party. The assignment may be for the whole term of the copyright or for a certain part of it.
A licence gives someone else permission to use your work for certain purposes and under certain conditions. You still retain ownership.
To be valid, an assignment or licence must be in writing and signed by you, the owner.
To register, a copy of the original agreement along with the prescribed fee per work affected by the transfer of interest must be filed with the Copyright Office. The Office will retain a copy of the documentation and return your original documentation along with a certificate of registration.