A Guide to Copyrights: Introduction

• Purpose of this guide
• The Copyright Office
• Visit CIPO's Web site

A poem, painting, musical score, performer's performance, computer program — all these are valuable creations, although perhaps no one can measure their worth. Some may earn a lot of money in the marketplace and others, none at all. Regardless of their merit or commercial value, Canadian law regards all such original creative works to be copyright material. This means that if you own the copyright in a poem, song, or other work, you have a number of rights which are protected under the Copyright Act.

Simply put, the Act prohibits others from copying your work without your permission. Its purpose, like that of other pieces of intellectual property legislation, is to protect owners while promoting creativity and the orderly exchange of ideas.

Copyright law has become increasingly complex over the years to respond to a sophisticated communications environment. In this high-tech age, there are many new ways of producing creative works as well as of imitating or exploiting them without the creator's permission. The photocopier, videocassette recorder, and personal computer digital reproduction of songs are just a few examples of modern devices that help artists communicate with their audiences, but that also makes it harder to control unlawful use.

This guide gives some basic information about the intricate subject of copyright. Your original work is worth a great deal to you. It pays to protect your intellectual property by knowing your rights and how to use them.

Purpose of this guide

In this guide we will look at what a copyright is, how it can benefit you, the advantages of registering your copyright, and how to go about it. Keep in mind that this is general information only and does not cover all the complex issues of copyright law.

For exact definitions and details, consult the Copyright Act, the Copyright Regulations, and decisions of the courts in specific cases. You can find these texts in many libraries and on Justice Canada's Web site. You can also buy a copy of the Act and Regulations in any bookstore selling federal government publications.

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 is exercised in ensuring the accuracy of the material reproduced and the reproduction is not 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 Web site.

The Copyright Office

The federal agency responsible for registering copyrights in Canada is the Copyright Office, directed by the Registrar of Copyrights. Registration is official acknowledgement of your copyright claim. It means that the Copyright Office has recorded the details which you provided and gives you a certificate attesting to this fact.

In addition to registering copyrights, the Office maintains the official Register of Copyrights, a record of all registrations of assignments and licences for public use. The Office also provides information to the public about the registration process.

The records of the Copyright Office are open to the public; you may search through them to find information such as who owns a certain copyright and whether ownership has changed. You can now search the copyright registry, for all copyrights registered after October 1991.

Staff at the Copyright Office does not interpret the Copyright Act for you or counsel you in any matters other than registration or the use of Office records. For professional advice, you should consult a lawyer with knowledge in the field.

The Copyright Office is part of the Canadian Intellectual Property Office (CIPO), an agency of Industry Canada. In addition to copyrights, CIPO is responsible for the granting and registration of other forms of intellectual property. These are:

• patents — cover new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention;
  
  
• industrial designs — the visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture;
  
  
• trade-marks — are words, symbols, designs (or a combination of these), used to distinguish the goods and services of one person or organization from those of others in the marketplace; and
  
  
• integrated circuit topographies — are the three-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs.

Visit CIPO's Web site

CIPO's Web site includes useful information about its product lines, services and legislative changes. The five intellectual property guides are available, as are interactive tools that explain intellectual property in an enjoyable way.

You may file your application electronically and benefit from reduced fees.

A Guide to Copyrights
| Table of Contents |
| Introduction | Copyright Protection | Registration of Copyright | Additional information |
| Appendix A - Twenty Common Questions About Copyright | Glossary | Tariff of Fees |