Johnston Wassenaar - Intellectual Property Law, Toronto, Ontario, Canada



IP Basics	Copyright Basics and Registration Procedure in Canada What is Copyright? Copyright comprises the sole right to produce or reproduce certain types of works, either in their entirety or in substantial part. Works which are protected by copyright include literary works (which may include computer programs as well as more traditional literary works such as novels), dramatic works, musical works and artistic works. Copyright also includes the sole right to perform a work in public, the sole right to convert a work from one form to another (for example, to convert a novel into a play), and various other rights. In this respect, copyright can be thought of as a "bundle of rights", the scope of such rights depending on the type of work. Copyright arises upon creation of the work, and usually vests in the author of the work. Generally speaking, the term of copyright in Canada is the life of the author plus 50 years. Registration of copyright confers certain advantages, as outlined below. Why Register Copyright? A certificate of registration provides the presumption that copyright subsists in the work and that the person named is the owner of copyright in that work. This is of assistance when it comes to enforcing copyright against another party, as the onus will then shift to that other party to provide evidence disputing the information contained in the certificate of registration, and in addition registration provides more remedy options. Ownership of Copyright The first owner of copyright is usually the author of the work. Assignments of copyright are only valid if they are in writing. Thus, if working with another party to create something in which copyright can subsist (such as a work of art, a play or a graphic design, for example) it is important to clarify at the outset who will be the ultimate owner of copyright once the project is completed. Moral Rights Moral rights are personal to the author of the work. They consist of the right to the integrity of the work (for example, to prevent its alteration in any way), the right to be associated with the work, and the right to remain anonymous. Moral rights cannot be assigned, but may be waived in whole or in part. Marking of Copyright Copyright can be indicated by using a capital C (©) in a circle followed by the year of publication and the name of the copyright owner. Application for Registration of Copyright To obtain a registration under the Copyright Act, an application for registration of copyright must be filed with the Copyright Office of the Canadian Intellectual Property Office. The application must include the requisite government filing fee and must set out certain information, including the name and address of the copyright owner, a declaration that the applicant is the author of the work or is otherwise the owner of copyright in the work (for example, by way of assignment), the category and title of the work, the name of the author, the date of the author's death (if applicable), and the date and place of first publication of the work (if applicable). The work itself is not filed. A certificate is issued upon the filing of the application and payment of the relevant fee. Summary Copyright is a bundle of rights, and arises upon creation of certain types of works. The author is the first owner of copyright, and any assignment of copyright must be in writing. Copyright ownership should be clarified with an independent consultant author in writing. Registering copyright confers certain advantages, particularly when it comes to enforcement of the bundle of rights. To learn more about IP Basics click on the links below. Trade-mark Patent Industrial Design Litigation
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