Copyright

Copyright arises automatically upon the creation of literary and artistic works.

Practical Advice

In Canada copyright will typically subsist for the live of the author plus 50 years. The registration of copyright frequently may simplify enforcement against infringers.

Requirements to Register in Canada

  1. The FULL LEGAL NAME and a complete ADDRESS of the owner of the copyright:
  2. DECLARATION that the applicant is one of the following:
    1. the author of the work;
    2. the owner of the copyright in the work;
    3. an assignee of the copyright; or
    4. a person to whom an interest in the copyright has been granted by licence
  3. An INDICATION of the CATEGORY OF THE WORK: e.g., literary, artistic, musical, dramatic. For an application for registration of a copyright in other subject matter, you must indicate either; a sound recording, a performer’s performance, or communication signals.
  4. The TITLE OF THE WORK.
  5. AUTHOR NAME, if the author is deceased the date of the author’s death.
  6. In the case of a published work, the date and place of first publication.
  7. In the case of an application to register the copyright in a sound recording, the date of first fixation of the recording must be specified.
  8. In the case of an application to register the copyright in a performer’s performance, specify the date of its first fixation in a sound recording, or if it is not fixed in a sound recording, its first performance.
  9. In the case of an application to register the copyright in a communication signal, specify the date of its first broadcast.
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