Copyright Act

Copyrights 101

What is Copyright?

copyright.jpg

Copyright is the exclusive legal right to produce, reproduce, publish, or perform an original literary, artistic, dramatic, or musical work. This legal right is normally held by the creator of the original work in question.

The purpose of a copyright is to allow the owner to control how their work is used, which in turn preserves its value (monetary or otherwise). Copyright achieves this end by making it illegal for anyone other than the copyright owner to use the work without the owner’s permission.

Canadian copyright law honours this purpose in trying to protect the rights of copyright owners. However, it also tries to balance protecting owners’ rights and promoting the public interest in the creation and distribution of works. In other words, the law recognizes that it is important for Canadians to create as freely as possible, even if this sometimes means limiting copyright owners’ rights.


Do I Have Copyright Over My Work?

In Canada, almost all original works are automatically copyrighted by virtue of their creation. A copyright exists for the lifetime of the creator, plus the remainder of the calendar year in which the author dies, plus fifty years after that. Following this period, the work loses its copyright, becoming public domain. For example, if Tom wrote a book at any point in his life, and then died on October 3rd, 2000, his copyright would exist until December 31st, 2050.

There are some exceptions to this term of copyright protection, depending on who the copyright owner is, or whether the owner is known.


What is the Difference Between Having a Copyright and Having a Registered Copyright? How Can I Register My Copyright?

As mentioned earlier, almost all original works are automatically copyrighted at the time of their creation. Registering a copyright with the Canadian Intellectual Property Office provides the owner with a certificate documenting that this copyright exists. This certificate can be useful if ever a question of copyright ownership or infringement arises, because the certificate can be used in court as proof of the existence and ownership of a copyright.

Costs for the registration process are available on the CIPO website, linked here.


If you have further questions about whether you hold a copyright, whether you can use someone else’s copyrighted material, or whether you have breached someone else’s copyright, please contact our office.

Copyright Comparison Series - Part 3: Case Law

This is the third and final part of our copyright comparison looking at rules and regulations in Canada and the United States. Part 3 looks at different landmark cases that have helped shape the landscape of how copyright law is interpreted in Canada. Make sure to check out parts 1 and 2 in the series.

Copyright Comparison Series - Part 2: Fair Dealing versus Fair Use

This is the second part of our copyright comparison looking at rules and regulations in Canada and the United States. Part 2 looks at the differences between the principles of Fair Dealing in Canada and Fair Use in the U.S. Make sure to check out Part 1 that provides an introduction and insight into derivative works in both countries.

Copyright Comparison Series - Part 1: Derivative Works in Canada and the U.S.

This is the first part of our copyright comparison series looking rules and regulation in Canada and the United States. This comparison of the Canadian concepts of fair dealing and “derivative works” with equivalent provisions of the U.S. Copyright Code will highlight the broad protection afforded to users of pre-existing works in Canada. Make sure to look out for parts 2 and 3.