Copyrights
Industry Canada (IC)
Last Verified:
2006-10-16
Act:
Copyright Act, R.S.C. 1985, c. C-42
Regulation:
Copyright Fees Order (SOR/97-457)
Related Reading
More Information
To Whom Does This Apply?
We are surrounded by works that are protected by copyright in our everyday life. Whether listening to music or downloading, reading books, writing songs, creating business flyers or Web pages, copyright is involved. The following information will help you understand your rights and those of other authors and artists. Creative effort should be protected and respected. Find out how to file a new application and save money when you file online.
Summary
What is a copyright?
Simply put, a copyright prohibits others from copying your work without your permission. Original literary, dramatic, musical or artistic work such as books, plays, songs, paintings, safety instructions, Web pages, how-to manuals and a prospectus are all copyrighted. Copyright also applies to three other kinds of subject-matter: performer's performances (actors, musicians, dancers and singers), communication signals (broadcasts) and sound recordings (records, cassettes, and compact discs).
Copyright law has become increasingly more complex due to the various forms of media and there are a number of rights under the Act that provide protection from unauthorized use and copying. For example, copyright in an original work also includes the sole right to produce translations, convert a dramatic work into a novel and vice versa, make a sound recording of a literary, dramatic or musical work etc. Copyright in other subject-matter includes additional rights such as in the case of a sound recording to publish, to reproduce and to rent out the sound recording. More examples and explanations are included in the Guide to Copyrights under What is covered by copyright.
Guide to Copyrights - What is covered by copyright
Protection
The copyright protection begins when the work is created and ends at a legally defined point in time. These points in time are set out in rules in the Copyright Act . There is one general rule and many special rules that apply to certain kinds of works. The general rule is that copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, and for 50 years following the end of the calendar year. The special rules apply to certain other works such as photographs, certain cinematographic works, sound recordings, performer's performances, communication signals, works of crown copyright and more. These are described in the Guide to Copyrights under Duration.
There are international agreements that provide foreign copyright owners with copyright privileges in Canada and similarly Canadians enjoy copyright privileges in many other countries.
Copyright Act
The Copyright Act governs all aspects of copyright in Canada. This includes the right to copy a work, the right to perform, translate or adapt it and the right to communicate the work to the public by telecommunication. The Act defines "protected" uses (for which the author's permission is needed) and uses that do not constitute an infringement of copyright, and for which no permission is needed.
Copyright Act - Department of Justice Web page
Ownership
Generally, the owner of the copyright is the creator or author of the work and ownership can be inherited. The rights to a copyright may be licensed from the owner or royalty payments may be paid through performing rights societies, collectives, publishing houses or by the owners directly.
Collectives, legally termed "licensing bodies", grant permission and give terms for use of works in their repertoires on behalf of their membership and members of foreign affiliated rights societies. There are collectives for such rights as: audio-visual and multi media, educational, literary, media monitoring, music, private copying, re-transmission, and visual arts.
The Copyright Board, a public tribunal established under the Copyright Act, annually reviews and approves all tariffs proposed by collectives.
Moral rights are always held by the author of a work regardless of who owns the copyright. Moral rights protect the honour and reputation of the author.
Why file?
No one is obliged to file, but it can be a useful proof of ownership, the onus of the proof of the ownership will be on the other party. Once registered the certificate is evidence that your work is protected by copyright, and may make an important difference in case of a legal dispute.
Getting Started
You must identify your intellectual property (IP) and make sure it can be protected under the Copyright Act. The publication Stand out from your competitors provides a valuable introduction to IP and is a great starting point. The Guide to Copyrights is a more in-depth source of information.
Preliminary Search
A search of the Copyright Database will reveal registered copyright owners since 1991 should you need to contact them. Prior to that, records are maintained in the Canadian Intellectual Property Office (CIPO) Client Service Centre in Gatineau Quebec.
Canadian Copyrights Database
Filing an application
Applications may be filed online, by mail or by fax.
Online and Printable forms
Submitting copies of the work
Do not send copies of the work to the Copyright Office. However, copies may need to be sent to the National Library of Canada, under the National Library Act. For more information see the Library and Archives Canada Web site - Legal Deposit page.
Library and Archives Canada - Legal Deposit
Process and related fees
There are several steps in the process for applications and these are detailed on the CIPO web site with approximate turnaround times and the associated fees.
Application Process
Fees
File online and save $15. The online filing fee has been reduced from $65 to $50. Refer to the Application Process document for the basic fees associated with submissions to the office.
Assistance Provided
Online forms
File the two types of copyright applications online, request a certificate of correction or send general correspondence using secure forms and pay by credit card online. There is a log-in process through Strategis and there are system and browser requirements to be met including 128 bit encryption. For more information see the registration page. You can start filing the assignments or licences online but the original document must be sent in either by mail or fax.
Order copies of copyright documents online and get an estimation fee.
Mail and facsimile correspondence
Address to the Copyright Office, Canadian Intellectual Property Office, Place du Portage I, 50 Victoria Street, Gatineau, Quebec K1A 0C9; or to a designated Industry Canada Regional Office; or via a designated courier service; or by fax to 819-953-CIPO (953-2476) or 819-953-OPIC (953-6742).
The date of receipt depends on where/how it was delivered and whether the office is open for business on that day.
Correspondence Procedures
Publications
There are Copyright Information Circulars and a variety of publications available on the Canadian Intellectual Property Office Web site.
DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.
Alberta Contact(s):
Industry Canada
Suite 725
9700 Jasper Avenue
Edmonton, Alberta
T5J 4C3
Telephone: (780) 495-4782
Fax: (780) 495-4507
Toll-free (information): 1-800-461-2646
British Columbia Contact(s):
Industry Canada
Suite 2000
300 West Georgia Street
Vancouver, British Columbia
V6B 6E1
Telephone: (604) 666-5000
Fax: (819) 953-7620
Manitoba Contact(s):
Canada/Manitoba Business Service Centre
250 - 240 Graham Ave
P.O. Box 2609
Winnipeg, Manitoba
R3C 4B3
Canada
Telephone: 204-984-2272
Fax: 204-983-3852
Toll-free (information): 1-800-665-2019
TTY Toll-free (hearing impaired): 1-800-457-8466
TTY (hearing impaired): 1-800-457-8466
E-mail: manitoba@cbsc.ic.gc.ca
Web site:
http://www.cbsc.org/manitoba
Hours of operation: 8:00 a.m. to 5:00 p.m. Monday to Friday
New Brunswick Contact(s):
Mr.
Tom
Boyd
Business Development Officer
Canadian Intellectual Property Office
1575 Brunswick Street
Halifax, Nova Scotia
B3J 2G1
Telephone: (902) 426-6476
Fax: (902) 426-6530
Toll-free (information): 1-800-668-1010
E-mail: boyd.tom@cbsc.ic.gc.ca
Web site:
http://cipo.gc.ca
Newfoundland & Labrador Contact(s):
Mr.
Tom
Boyd
Business Development Officer
Canadian Intellectual Property Office
1575 Brunswick Street
Halifax, Nova Scotia
B3J 2G1
Telephone: (902) 426-6476
Fax: (902) 426-6530
Toll-free (information): 1-800-668-1010
E-mail: boyd.tom@cbsc.ic.gc.ca
Web site:
http://cipo.gc.ca
Nova Scotia Contact(s):
Mr.
Tom
Boyd
Business Development Officer
Canadian Intellectual Property Office
1575 Brunswick Street
Halifax, Nova Scotia
B3J 2G1
Telephone: (902) 426-6476
Fax: (902) 426-6530
Toll-free (information): 1-800-668-1010
E-mail: boyd.tom@cbsc.ic.gc.ca
Web site:
http://cipo.gc.ca
Ontario Contact(s):
Industry Canada
4th Floor
151 Yonge Street
Toronto, Ontario
M5C 2W7
Telephone: (416) 973-5000
Fax: (416) 936-0334
Prince Edward Island Contact(s):
Mr.
Tom
Boyd
Business Development Officer
Canadian Intellectual Property Office
1575 Brunswick Street
Halifax, Nova Scotia
B3J 2G1
Telephone: (902) 426-6476
Fax: (902) 426-6530
Toll-free (information): 1-800-668-1010
E-mail: boyd.tom@cbsc.ic.gc.ca
Web site:
http://cipo.gc.ca
Quebec Contact(s):
Industry Canada
Suite 700
5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 496-1797
Fax: (514) 283-3096
Northwest Territories, Nunavut, Saskatchewan, Yukon Contact(s):
See National Contact.
National Contact(s):
Information Officers
Client Service Centre
Canadian Intellectual Property Office
C-229
Place du Portage 1
50 Victoria Street
Gatineau, Quebec
K1A 0C9
Telephone: (819) 997-1936 or 1 900 565-2476 ($3.00 charge per call)
Fax: (819) 953-7620
E-mail: cipo.contact@ic.gc.ca
Web site:
http://cipo.gc.ca
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