What is a copyright?
How to obtain a copyright?
Who owns the copyright?
How long does copyright last?
Criteria to obtain a copyrigh?
What are the
steps for a copyright registration?
Is the
Canadian copyright valid in foreign countries?
What is a copyright?
Copyright is the exclusive right to copy a publish, produce or reproduce,
perform in public, communicate a work to the public by telecommunication,
translate a work, and in some cases, to rent the work or to allow someone
else to do so.
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How to obtain a copyright?
You acquire copyright protection automatically when you create an original
work or other subject matter. However, it is still recommended to register
the copyright and to indicate notice of copyright on the works. Registration
gives the owner a certificate that states the copyright ownership. This
certificate constitutes evidence in court of ownership. (The onus is on the
challenger to prove otherwise.)
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Who owns the 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 valuable consideration (which has been paid) unless there is
an agreement to the contrary;
- some other party, if the original owner has transferred the rights.
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How long does copyright last?
Generally, copyright in Canada exists for the life of the author plus 50
years following death. There are some exceptions.
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Criteria to obtain a copyrigh?
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 which includes
sound recordings (such as records, cassettes, and tapes), performer's
performances and communication signals.
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What are the
steps for a copyright registration?
- the filing of an application;
- the examination of the application by the Copyright Office;
- the delivery of the registration certificate.
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Is the
Canadian copyright valid in foreign countries?
Yes, as long as the country in question has adhered to one or more of the
international copyright treaties, conventions or organizations. These
include the Berne Convention, the Universal Copyright Convention, the Rome
Convention, and the World Trade Organization (WTO). These international
conventions, treaties and organizations include most countries in the world.
It is necessary to examine whether according to local laws registration of
copyright could provide some benefits such as the presumption of ownership.
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