Copyright: Getting it Right!

Whether you create or use copyrighted materials, it's important to have a good understanding of copyright and how it works. Simply put, Canada’s Copyright Act prohibits others from copying your work without your permission. It aims to protect owners from unauthorized use while promoting creativity and the orderly exchange of ideas. The Copyright Office, which handles copyright registration, is part of the Canadian Intellectual Property Office (CIPO), an agency of Industry Canada.

Portions of this newsletter have been taken from the CIPO website. To learn more about the Copyright Act, visit the CIPO online at http://strategis.ic.gc.ca/sc_mrksv/cipo.

What does “copyright” mean?

Copyright is the exclusive right to copy a creative work or allow someone else to do so. 

What does it apply to?

Copyright applies to all original literary, dramatic, musical and artistic works. These include books, other writings, music, sculptures, paintings, photographs, films, plays, television and radio programs, and computer programs. Copyright also applies to other subject matter such as sound recordings (like cds and cassettes), performers' performances and communication signals.

Is there anything that you cannot copyright?

Copyright does not apply to themes, ideas, most titles, names, catch phrases and other short word combinations. It is restricted to the expression in a fixed manner (text, recording, drawing) of an idea; it does not extend to the idea itself.

Who is considered the owner of a copyright?

Generally, the owner of the copyright is:

• the creator of the work;
• the employer, if the work was created in the course of employment unless there is an agreement to the contrary;
• the person who commissions a photograph, portrait, engraving or print for a fee (which has been paid) unless there is an agreement to the contrary; or
• some other party, if the original owner has transferred his or her rights.

How do you get a copyright?

In Canada, you obtain copyright automatically, and are protected by law, when you create an original work or other subject matter. It is not necessary to register your copyright, although many people choose to do so by filing an application with the Copyright Office and paying a one-time fee. Whether or not you register a copyright, it is still a good idea to mark your work with a notice of copyright: a small ©, the name of the copyright owner and the year of first publication. This serves as a subtle reminder that the work is protected by copyright.

How long does a copyright last?

Generally, copyright in Canada exists for the life of the author plus 50 years following his or her death.

What is a copyright infringement?

It is the unlawful use of copyrighted material. Plagiarism — passing off someone else's work as your own — is a form of copyright infringement.

How do you use copyrighted material?

To use material that is marked with a copyright, you need to follow the instructions provided with the material and/or you will need to contact the owner of the material and ask for permission to reproduce the information. If you are allowed to reproduce the material, they will likely specify how to acknowledge the original source. Some materials may include details on reproduction, including what is permitted,  near their copyright information. The bottom line is: never imply endorsement. If you are not sure, seek the permission of the copyright holder.

inlsight can help you with your internal or external business communications.

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