Copyrights

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.

• Guide to Copyrights - Duration 
• International Intellectual Property Offices

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.

• Copyright Collective Societies  - Copyright Board of Canada Web page
• Copyright Collective Societies - Tariffs - Copyright Board of Canada Web page

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.

• Stand out from your competitors
• Guide to Copyrights
• Copyright Act - Department of Justice Web page

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.

• Tariff of fees  
• Application Process

Assistance Provided

• Client Service Centre
• Canadian Intellectual Property Office Web Site

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.

• Online and Printable forms
• Registration page

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.

• Copyright Circulars  
• Publications
  

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.

Ontario Contact(s):
Industry Canada
4th Floor
151 Yonge Street
Toronto, Ontario  M5C 2W7
Telephone: (416) 973-5000
Fax: (416) 936-0334