Local lawyer, Austin Ward sat down with Laura MacFarlane to get a better understanding of copyright and its significance, especially for those working in creative industries.
To get us started, can you explain what copyright is?
Broadly speaking, copyright is the exclusive legal right to produce, reproduce, publish or perform an original work. In addition to these economic rights, copyright protection also covers moral rights of the author of the work. Moral rights govern the attribution, integrity and association of a work.
Copyright applies to original literary, dramatic, musical and artistic works that are in a fixed material form.
Can you provide me with some examples of types of works protected by copyright?
Of course! Examples of copyrighted works include books, articles, manuals, blueprints, software code, spreadsheets, datasets, website content, photographs, paintings, architectural works, sculptures, theatre productions, scripts, films, songs etc.
Who owns copyright in a given work?
In Canada, most often, the first author or creator of an original work is the owner of the copyright, including both the economic rights and the moral rights. With respect to the economic rights, where the author or creator of a work is an employee and authors or creates a work in the course of their employment, the employer is the owner of the copyright. Where the author or creator is a contractor hired to create or author a work (i.e. a wedding photographer, graphic designer, architect), they will own copyright, unless there is a written agreement licensing, transferring or assigning copyright to another party. Moral rights can only be waived and cannot be licensed, transferred or assigned.
How is copyright protection obtained and what are the benefits of registering copyright?
An original work is automatically protected by copyright at the time it is created in a fixed form. When you formally register copyright in an original work with the Canadian Intellectual Property Office, a certificate of registration is issued, which can be used in legal proceedings as evidence of copyright ownership, providing enhanced rights.
How long does copyright protection last and are the rights internationally protected?
Generally, copyright protection lasts for the life of the author plus 70 years after the end of that calendar year. Following the expiry of the term of copyright protection, the work becomes part of the public domain, meaning it can be used, reproduced, and republished by all members of the public without seeking permission.
An original work protected by copyright in Canada is also automatically protected in all member countries of the Berne Convention, which includes a vast number of countries in the world.
Is there a way to lawfully use the copyrighted works of others?
If the work is not in the public domain, even if it is publicly available and accessible, then permission must be obtained from the owner of the work to avoid the risk of copyright infringement. Permission will typically take the form of written or verbal consent, a license, or an assignment. Often, a royalty will be paid for the right to use a copyright work.
