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Copyright Protection
Copyright prohibits others from copying the whole or substantial part of a literary, dramatic, musical or artistic work without permission, with limited exceptions.
Should you apply for copyright registration?
In general, copyright automatically subsists in an original work upon its creation. While there is no requirement to register your copyright to have protection in Canada, a certificate of registration is evidence that the work is protected by copyright, and evidence that the named owner is in fact the owner. This makes a registered copyright a valuable business asset. Aventum IP Law LLP will help you determine if applying for a copyright registration is right for you, and can guide you through the application process in Canada and in other countries.
What are some common copyright pitfalls?
Because the author of a work is generally the first owner of copyright, businesses may run into trouble when an independent contractor is hired to create a logo, take a photograph, create a computer program, or otherwise generate content for use by the business, without appropriate assignments or licenses.
The unauthorized reproduction or distribution of a work can be costly if it is found to infringe the owner's copyright - and in most cases is completely avoidable with proper advice. Similarly, the time and effort that goes into creating a copyrighted work should be justly rewarded, and an author needs to be aware of his or her rights in order to properly enforce them. Aventum IP Law LLP can assist with determining your copyright protection needs, and with protecting and enforcing the rights of authors and owners alike.
Aventum’s
Copyright
Expertise
- The application process
- Assignment and licensing of copyright
- Policing the marketplace
- Acting on unauthorized use
- Commencing and defending contentious proceedings
Copyright
FAQ
What is covered by copyright?
Copyright applies to all original, dramatic, musical, artistic and literary works (including computer programs). It also applies to performances, communication signals and sound recordings.
- Literary works, e.g., books, pamphlets, computer programs and other works consisting of text;
- Dramatic works, e.g., films, plays, screenplays, scripts, etc.;
- Musical works, e.g., musical compositions; and,
- Artistic works, e.g., paintings, drawings, maps, photographs, sculptures, plans, etc.
What is not protected by copyright?
Copyright does not subsist in ideas, methods and systems.
This includes:
- making or building things
- scientific or technical methods or discoveries
- business operations or procedures
- mathematical principles – formulas, algorithms
- any concept, process or method of operation
How long does copyright last?
In Canada, copyright generally lasts for the lifetime of the author, plus 50 years.
How does copyright work internationally?
Generally, copyright is recognized in other countries due to international conventions. As a result, your copyright will be protected in other countries, but it is only protected under that country’s laws, which may be different from the level of protection you would get in Canada.
