A guide to copyright
This guide investigates what copyright is, the process for registering copyrights in Canada and the benefits of registration.
Significant notice
This electronic version of the guide is the official version. If there are inconsistencies inbetween this guide and the applicable legislation, the legislation must be followed. Read our terms and conditions.
Understanding copyright—The basics
Albeit this guide is not a accomplish text on law regarding copyright, we have designed it as an introduction to copyright and copyright registration.
Protect your valuable creations
A poem, painting, musical score, performer’s spectacle, computer program—all are valuable creations, albeit perhaps no one can measure their worth. Some works may earn a lot of money in the marketplace, while others earn none at all.
Regardless of their merit or commercial value, Canadian law protects all original creative works, provided the conditions set out in the Copyright Act have been met. This means that if you own the copyright to a poem, song or other original work, you have rights that are protected.
Simply put, the Act prohibits others from copying your work without your permission. Its purpose is to protect copyright owners while promoting creativity and the orderly exchange of ideas.
Copyright defined
In the simplest terms, “copyright” means “the right to copy.” In general, copyright means the foot right to produce or reproduce a work or a substantial part of it in any form. It includes the right to perform the work or any substantial part of it or, in the case of a lecture, to supply it. If the work is unpublished, copyright includes the right to publish the work or any substantial part of it.
Copyright also applies to performers’ spectacles, sound recordings and communication signals, tho’ the applicable rights may differ somewhat. For example, the copyright in a sound recording consists of the foot right to publish the sound recording for the very first time, to reproduce it in any material form, to rent it out and to authorize any such acts.
People sometimes confuse copyrights with patents, trademarks, industrial designs and integrated circuit topographies. Like copyright, these others are rights granted for intellectual creativity and are forms of IP. However, there are significant differences:
- Copyright provides protection for literary, artistic, dramatic or musical works (including computer programs) and other subject-matter known as performer’s spectacles, sound recordings and communication signals.
- Patents cover fresh and useful inventions (product, composition, machine, process) or any fresh and useful improvement to an existing invention.
- Trademarks may be one or a combination of words, sounds or designs used to distinguish the goods or services of one person or organization from those of others.
- Industrial designs are the visual features of form, configuration, pattern or ornament, or any combination of these features applied to a finished article.
- Integrated circuit topographies are the three-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs.
What copyright protects
Copyright applies to all original literary, dramatic, musical and artistic works provided the conditions set out in the Copyright Act have been met. Each of these general categories covers a broad range of creations, including:
- literary works such as books, pamphlets, computer programs and other works consisting of text
- dramatic works such as motility picture films, plays, screenplays and scripts
- musical works such as compositions with or without words
- artistic works such as paintings, drawings, maps, photographs, sculptures and plans
Copyright also applies to other subject-matter consisting of:
- performers’ spectacles, meaning any of the following:
- a spectacle of an artistic, dramatic or musical work, whether or not the work was previously recorded and whether or not the work’s term of copyright protection has expired
- a recitation or reading of a literary work, whether or not the work’s term of copyright protection has expired
- an improvisation of a dramatic, musical or literary work, whether or not the improvised work is based on a pre-existing work
The conditions for copyright
Works
Copyright applies to every original literary, dramatic, musical and artistic work where the author was at the date of the making of the work a citizen or subject of, or a person ordinarily resident in, Canada or some other treaty country. (A treaty country is defined as a Berne Convention country, a Universal Copyright Convention country or a World Trade Organization [WTO] member.)
Copyright also applies when a work is very first published in a treaty country even if the author was not a citizen or subject of, or a person ordinarily resident in, Canada or some other treaty country. The Minister may also extend protection to other countries that are not treaty countries by way of notice in the Canada Gazette .
Subject-matter other than works
Performers’ spectacles
Copyright applies to a performer’s spectacle if it takes place in Canada or a Rome Convention country, or if it is embodied in a sound recording whose maker is a citizen or permanent resident of Canada or a Rome Convention country. If the maker of the sound recording is a corporation, it must have its headquarters in Canada or a Rome Convention country.
Copyright also applies if the spectacle is embodied in a sound recording whose very first publication occurred in Canada or a Rome Convention country, or if the performer’s spectacle is transmitted by a communication signal broadcast from Canada or a Rome Convention country by a broadcaster that has its headquarters in the country of broadcast.
Sound recordings
The maker of a sound recording has a copyright in the sound recording if at the date of the very first recording the maker is a citizen or permanent resident of Canada, a Berne Convention country, a Rome Convention country or a WTO member. If the maker of the sound recording is a corporation, it must have its headquarters in one of these countries. Copyright also applies if the sound recording is very first published in one of those countries.
Communication signals
A broadcaster has a copyright in the communication signal that it broadcasts if it has its headquarters in Canada, in a country that is a WTO member or in a Rome Convention country and broadcasts the communication signal from that country.
Benefits of registration
The Copyright Act states that a certificate of registration of copyright is evidence that copyright exists and that the person registered is the holder of the copyright. However, the Copyright Office is not responsible for policing or checking on registered works and how people use them. It also cannot ensure that the legitimacy of ownership or the originality of a work will never be questioned.
A lifetime of protection
Generally, copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, and for fifty years following the end of that calendar year. Therefore, protection will expire on December thirty one of the 50th year after the author dies.
We discuss a few exceptions below, but other exceptions exist. If you need clarity about the term of copyright in a particular work, you should seek the services of a legal professional knowledgeable in the area of intellectual property.
Works of Crown copyright
Crown copyright applies to government publications (thus, created for or published by the Crown). Copyright in these works lasts for the remainder of the calendar year in which the work is very first published, and for fifty years after that.
Joint authorship
In the case of a work that has more than one author, the copyright will last for the remainder of the calendar year in which the last author dies, and for fifty years after that.
Unknown author
In the case of a work where the identity of the author is unknown, copyright in the work exists for whichever is the earlier of:
- the remainder of the calendar year of the very first publication of the work plus fifty years, or
- the remainder of the calendar year of the making of the work plus seventy five years.
Posthumous works
These are literary, dramatic or musical works, or engravings protected by copyright that have not been published, performed in public or communicated to the public by telecommunication during the author’s lifetime.
Please see section seven of the Copyright Act for details regarding the term of copyright for such works.
Subject-matter other than works
Performers’ spectacles
Copyright lasts until the end of fifty years after the end of the calendar year in which the spectacle occurs. If the spectacle is embodied in a sound recording before the copyright expires, the copyright resumes for fifty years after the end of the calendar year in which the spectacle is very first recorded. If the sound recording is published before the copyright expires, the copyright proceeds until fifty years after the end of the calendar year in which the very first publication occurs or ninety nine years after the end of the calendar year in which the spectacle occurs, whichever is earlier.
Sound recordings
Copyright lasts until fifty years after the end of the calendar year in which the work was very first recorded. If the sound recording is published before the copyright expires, the copyright resumes for fifty years after the end of the calendar year in which the very first publication occurs.
Communication signals
Copyright lasts until fifty years after the end of the calendar year in which the signal was broadcast.
Extra considerations
The Copyright Office can provide you with the basic information you need to file an application for registration of copyright. However, we cannot prepare your application, interpret the Copyright Act or the Copyright Regulations for you, or assist you in any matters other than registration or the use of our records. You should consult an intellectual property lawyer for legal advice.
Search the Copyrights Database online
You may search the records of the Copyright Office for information such as copyright owners’ names and switches to ownership. You can also search the Copyrights Database, free of charge, for all Canadian copyrights registered as of October 1991.
You can search by author name, category, country of publication, holder/assignee name, registration number, title and year of publication.
Search at the Copyright Office
If you are searching for copyright registrations dating back to 1841, including copyrights registered prior to one thousand nine hundred ninety one that are not accessible online, you may wish to visit the Client Service Centre, where these records are stored.
Preparing your application for registration
Application forms
You can obtain application forms online, at the Client Service Centre or from a regional Innovation, Science and Economic Development Canada office. You can file your application electronically, by mail or by facsimile.
You can obtain a registration of copyright by filing an application accompanied by the adequate fee.
Please do not send a copy of your work with the application. The Copyright Office does not review or assess works in any way.
Works
The following information is required in an application to register the copyright in a work.
Title of the work
The title must identify a single work. If the work is published in a series of books or parts, as in the case of an encyclopedia, a single application for the entire work is sufficient. Do not include descriptive matter that does not constitute a part of the title.
Category of the work
Literary — These are works consisting of text, including books, pamphlets, lectures (address, speech, sermon, etc.), tables and translations. Computer programs are also included in this category.
Note: Textual works in which a scenic arrangement or acting form is stationary in writing (e.g., a screenplay) fall within the dramatic category.
Musical — These include any work of music or musical composition with or without words, including compilations of musical works.
Artistic — These include paintings, drawings, maps, charts, plans, photographs (photo-lithograph and any work voiced by any process akin to photography), engravings (etchings, lithographs, woodcuts, prints and other similar works), illustrations, sketches, sculptures (a cast or model), works of artistic craftsmanship, architectural works (meaning buildings or structures or any model of a building or structure) and compilations of artistic works.
Dramatic — These include any lump for recitation, choreographic work or mime, where the scenic arrangement or acting form is stationary in writing or otherwise. This category also includes cinematographic works (having dramatic character or not) and compilations of dramatic works. Examples of dramatic works are screenplays, scripts, plays and mobility picture films.
Note: A compilation is a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or parts thereof, or a work resulting from the selection or arrangement of data. Also, a compilation containing two or more of the categories of literary, dramatic, musical or artistic works is considered a compilation of the category making up the most substantial part of the compilation.
Publication
If a work is published, the date and place of very first publication are required. Publication means making copies of a work available to the public, constructing an architectural work (building or structure or any model of a building or structure), and incorporating an artistic work into an architectural work.
The following do not constitute publication:
- distribution of photographs/engravings of sculptures or architectural works
- exhibition in public of an artistic work
- spectacle of a literary, dramatic, musical or artistic work in public
- communication of a literary, dramatic, musical or artistic work to the public by telecommunication
Possessor
You must include the name and finish mailing address of the possessor of the copyright. If there is more than one possessor, you can include extra names and addresses.
The copyright possessor is usually the author of the work, the employer of the author or any other person (individual or other legal entity) that has obtained ownership through a transfer of ownership such as an assignment.
Author
You must include the name of the author of the work. The individual who created the work should be named as author, except in the case of a photograph created prior to November 7, 2012, where the author can be an individual or some other legal entity.
The finish mailing address of the author is optional. If there is more than one author, you can include extra names and addresses.
If the author is deceased, you should provide the date of death, if it is known.
Declaration
Your application must contain a declaration that the applicant is the author of the work, the proprietor of the copyright in the work, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.
Subject-matter other than works
The following information is required in an application to register the copyright in a performer’s spectacle, sound recording or communication signal.
Title of the subject-matter
The application must relate to the registration of only one performer’s spectacle, sound recording or communication signal.
Type of subject-matter
The application must relate to a performer’s spectacle, sound recording or communication signal.
Performer’s spectacle means any of the following when done by a performer:
- spectacle of an artistic, dramatic or musical work, whether or not the work was previously stationary, and whether or not the work’s term of copyright protection has expired
- recitation or reading of a literary work, whether or not the work’s term of copyright protection has expired
- improvisation of a dramatic, musical or literary work, whether or not the improvised work is based on a pre-existing work
Sound recording means a recording consisting of sounds, whether or not a spectacle of a work, but excludes any soundtrack of a cinematographic work where it accompanies the cinematographic work.
Communication signal means radio sways transmitted through space without any artificial guide, for reception by the public.
For a performer’s spectacle, the date of its very first fixation in a sound recording or the date of its very first spectacle if not motionless is required. For a sound recording, the date of its very first fixation is required, and for a communication signal, the date of broadcast is required.
Possessor
You must include the name and finish mailing address of the holder of the copyright. If there is more than one holder, you can include extra names and addresses.
The copyright holder is usually the performer in the case of a performer’s spectacle, the maker in the case of a sound recording (person by whom the arrangements necessary for the very first fixation of the sounds are undertaken), the broadcaster who broadcasts the communication signal in the case of a communication signal, or any other person who has obtained ownership through a transfer of ownership such as an assignment.
Declaration
An application for registration of a copyright in a performer’s spectacle, sound recording or communication signal must contain a declaration that the applicant is the holder of the copyright in the subject-matter, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.
Depending on whether the application is filed electronically, by mail or by facsimile, you can make your payment by credit card (VISA, MasterCard or American Express), deposit account, postal money order or cheque payable in Canadian dollars to the Receiver General for Canada. Do not add federal and provincial taxes.
Note: Fees will not be refunded once the application is received by CIPO. Once you have registered a copyright, no further fees are required to maintain the registration.
Submit your application
We encourage you to submit your application for registration online (at a diminished fee). You may also send your ended application by mail or by facsimile to the Copyright Office.
Corresponding with the Copyright Office
Business with the Copyright Office is normally done in writing. Address all correspondence to:
Office of the Commissioner of Patents
Canadian Intellectual Property Office
Innovation, Science and Economic Development Canada
Place du Portage I
fifty Victoria Street
Gatineau QC K1A 0C9
Visit our correspondence procedures page for more information.
If you are enquiring about the status of a pending application, please provide the application number, name of the proprietor(s) and title of the work. If you hire an agent, you should conduct all correspondence through that agent.
The Copyright Office will react to all general enquiries, but cannot:
- advise you whether to file an application
- tell you whether your copyright meets registration criteria prior to the filing of your application
- advise you about possible infringement of copyright
- provide any other legal advice
Electronic services
Through our website, you can:
- file an application for registration of copyright at a diminished fee
- file a request for registration of an assignment or licence
- request a certificate of correction
- order copies
Visit our forms page to request these services online or to access forms you can finish and send by regular mail or by facsimile.
Copyright information—Beyond the basics
Anonymity
If you are the author of the work as well as the holder of the copyright of the work, and you wish to remain anonymous, you may use a pseudonym in place of your name. Note that you must still include a accomplish mailing address.
If you have any questions or need clarity on the use of a pseudonym, you should seek the services of a legal professional in the area of intellectual property.
Indicating copyright
Marking a work with the copyright symbol is not mandatory under Canadian copyright law but some other countries do require it. The marking consists of the symbol ©, the name of the copyright possessor and the year of very first publication.
Marking a work with this symbol serves as a general reminder to everyone that the work is protected by copyright. You can use this symbol even if the work is not registered.
Switches to the Register of Copyrights
The Federal Court of Canada may on request by the Registrar of Copyrights or any interested person order a rectification (correction) of the Register.
Switches of address
The Copyright Office cannot switch addresses in the Register of Copyrights. However, we will note any switches brought to our attention on the file and this information will be available to those searching the Copyrights Database.
Clerical errors
The Registrar of Copyrights does not have the authority to correct errors on a certificate of registration with the exception of clerical errors pursuant to section sixty one of the Copyright Act .
In the case of clerical errors made by the applicant that fall within the scope of section sixty one of the Copyright Act , the Copyright Office will issue a certificate of correction upon request and payment of the applicable fee. There is a diminished fee for requests made online. If the Copyright Office is responsible for the clerical error, it will issue a corrected certificate at no cost. It should be noted that corrections to errors that are not clerical must be done by order of the Federal Court pursuant to subsection 57(Four) of the Copyright Act .
Visit our fees page for details.
Assignments and licences
Assignments and licences may be registered with the Copyright Office.
An assignment occurs when a copyright possessor transfers part or all of their rights to another party. The assignment may be for the entire term of the copyright or for a certain part of it.
A licence permits someone else to use a work for certain purposes and under certain conditions. The copyright holder still retains ownership.
You can register an assignment or licence by filing with the Copyright Office the original agreement or a photocopy of it, along with the prescribed fee for each work affected by the assignment or licence. You may submit your request online or by mail or facsimile. The Copyright Office will retain a copy of the documentation and comeback the original documentation along with a certificate of registration.
Extra contacts and information
Copyright Board of Canada
fifty six Sparks Street, Suite 800
Ottawa ON K1A 0C9
The Copyright Board of Canada is the regulatory bod that establishes royalties for the use of works protected by copyright when the administration of such copyright has been entrusted to a collective-administration society. The Board may also supervise agreements or licences inbetween users and licensing bods and issue licences where a copyright holder cannot be located.
Court orders
The procedure for obtaining court orders is outlined in the Federal Courts Rules , available through any local public library or bookstore selling government publications, and on the Justice Canada website.
Justice Canada
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 be exercised in ensuring the accuracy of the material reproduced and that the reproduction not be 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 website.
Library and Archives Canada
Under the Library and Archives of Canada Act and the Legal Deposit of Publications Regulations, Canadian publishers are obliged to send copies of their publications to Library and Archives Canada within one week of the date they are published.
For more information, please contact:
Library and Archives Canada
three hundred ninety five Wellington Street
Ottawa ON K1A 0N4
Tel: 819-997 9565
Toll-free number for Canada: 1-866-578-7777
Frequently Asked Questions (FAQ)
In general, copyright means the foot right to produce or reproduce a work or a substantial part of it in any form. It includes the right to perform the work or any substantial part of it or, in the case of a lecture, to produce it. If the work is unpublished, copyright includes the right to publish the work or any substantial part of it.
Two. Do I need to register the copyright in my work in order to be protected?
No. Registration is not required for protection in Canada. However, a certificate of registration of copyright is evidence that copyright exists and that the person registered is the holder of the copyright. Copyright exists automatically when an original work or other subject-matter is created, provided the conditions set out in the Copyright Act have been met.
Trio. What are the benefits of copyright registration?
The certificate of registration provides evidence that the copyright exists and that the person registered is the possessor of the copyright. Being on the Register of Copyrights may also assist those wishing to seek permission to use the work.
Four. What is protected by copyright?
Copyright commonly protects the following:
- literary works, such as books, pamphlets, computer programs and other works consisting of text
- dramatic works, such as films, plays, screenplays and scripts
- musical works, such as musical compositions
- artistic works, such as paintings, drawings, maps, photographs, sculptures and plans
Copyright also applies to performers’ spectacles, sound recordings and communication signals (radio sways).
Five. How long does copyright last?
Generally, copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, plus fifty years following the end of that calendar year.
Copyright in publications with numerous authors lasts until December thirty one of the 50th year after the last author dies. Copyright in government publications lasts for the remainder of the calendar year in which the work is very first published and for fifty years after that. Different rules apply to performers’ spectacles, sound recordings and communication signals. Please note that other exceptions also exist. For more information, read the Copyright Act .
6. Do I need to mark my work with the copyright symbol?
No. Marking your work with the copyright symbol is not mandatory under Canadian copyright law. The marking consists of the symbol ©, the name of the copyright proprietor and the year of very first publication. Albeit it is not always required, the mark is a useful reminder that your work is protected by copyright. This symbol may be used even if your work is not registered.
7. How can I register the copyright in my work?
You may submit a finished application form with the prescribed fee.
You can file online at a diminished fee or print and accomplish the forms to submit by mail or fax.
8. How do I request the registration of an assignment or licence?
You can register an assignment or licence by filing with the Copyright Office the original agreement or a photocopy of it along with the prescribed fee per work affected by the assignment or licence. You can submit your request by mail, by fax or online. The Office will retain a copy of the documentation and comeback the original documentation along with a certificate of registration.
9. I want to remain anonymous. Can I use a pseudonym?
Yes. If you are the author of the work as well as the holder of the copyright of the work, and you wish to remain anonymous, you may use a pseudonym in place of your name. Note that you must still include a finish mailing address.