The Perfect Guide To Copyright 101
The Canadian Intellectual Property Office (CIPO) defines copyright as the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. The creator is usually the owner of the copyright. However, in some situations, this is not the case. For example, an employee of a film studio may be the creator but his employer is the copyright owner. If this is the case, there will generally be an agreement in place which states the copyright owner.
What Is Protected By Copyright?
- Literary works (i.e. books, pamphlets, computer programs, and other works consisting of text)
- Artistic works (i.e. paintings, drawings, maps, photographs, sculptures and plans)
- Dramatic works (i.e. motion picture films, plays, screenplays, and scripts)
- Musical works (i.e. compositions with or without words)
- Performer’s performances (i.e. performance of an artistic, dramatic, or musical work, recitation or reading of a literary work, or an improvisation of a dramatic, musical, or literary work)
- Sound recordings (i.e. recordings consisting of sounds, whether or not a performance of work, but excluding soundtracks of a cinematographic work where it accompanies the cinematographic work)
- Communication signals (i.e. radio waves)
What Is Not Protected By Copyright?
Not all forms of work are protected by copyright. Some works are considered patents and trademarks, while others cannot be protected as they are a permanent part of the public domain.
Works That Are Not Protected By Copyright Are:
- Ideas
- Public domain works
- Factual information
- Brand names, slogans, or titles
Copyright Protects Your Creation
When you are the owner of a copyright, you control how that piece of work is used to protect its value. If someone else wishes to use your work, they must either buy or get your permission to do so. Generally, copyright lasts for the life of the creator (the remainder of the calendar year in which the creator dies) and for 50 years following the end of that calendar year. Simply put, a copyright protection will expire on December 31 of the 50th year after the creator dies.
The 4 Different Types Of Copyrights
1. Crown Copyright
Crown copyright applies to government publications, which are works created for or published by the Crown. These works are protected for the remainder of the calendar year in which the work is first published, and then for 50 years after that.
2. Joint Authorship
In situations where a piece of work has more than one creator, joint authorship applies. The copyright protection for these works will last for the remainder of the calendar year in which the last author dies, and for 50 years after that.
3. Unknown Author
Where a case of work does not have an identifiable author (the author is unknown), a copyright in the work will exist for whichever of the two is earlier:
- the remainder of the calendar year of the first publication of the work plus 50 years, or
- the remainder of the calendar year of the making of the work plus 75 years.
4. Posthumous Works
Posthumous works refer to literary, dramatic and musical works or engravings protected by copyright that has not been published, performed in public or communicated to the public by telecommunication during the author’s lifetime.
Do I Need To Register My Copyright?
In short, no. You do not need to register your copyright for it to be protected. Registering is voluntary and so the choice is up to the author. However, registering your work with the CIPO can be beneficial. First, if you need to enforce your copyright in a lawsuit against an alleged infringer, the CIPO could be used as evidence against the infringing party who pleads innocent infringement. An innocent infringer is someone who unknowingly engages in an activity which constitutes a copyright infringement. Generally, if someone has committed an innocent infringement, the court will award lesser penalties. Second, by registering your copyright with CIPO, you can point to evidence which supports copyright exists and that you are in fact the owner of the work.
What Happens When Copyright Protection Ends Or Expires?
If the duration of the copyright protection expires, the protected work will fall into the public domain. When this occurs, the work is free to be used and enjoyed by anyone without requiring permission from the author. For example, William Shakespeare’s plays are all part of the public domain. Therefore, everyone is free to produce or publish them without having to acquire his permission or having to pay him any royalties.
Is My Copyright Protected Internationally?
Unfortunately, there is no international copyright system where one can register their work and receive protection. However, because of international conventions and treaties, such as the Berne Convention and the WIPO Copyright Treaty, copyright protection may extend in a foreign jurisdiction without having to obtain registration. However, in absence of these international conventions and treaties, an author would have to separately file an application in each jurisdiction’s intellectual property office to ensure that the work is protected.
Has Someone Infringed On Your Copyright?
Copyright infringement happens when someone uses your work without your permission or does anything which only the owner is allowed to do, stated in the Copyright Act. Examples of a copyright infringement include copying, performing, selling or distributing, or posting your work on the Internet without your permission to do so. There are exceptions to copyright infringement such as fair dealing, which are outlined in the Act.
