Photo by Markus Winkler on Unsplash
Painted a masterpiece? Wrote a (hopefully) award-winning play? You might be interested in registering a copyright.
WHY SHOULD I REGISTER A COPYRIGHT FOR MY WORK?
Copyright is different than other types of intellectual property; it exists immediately at the moment of creation. That said, there are significant benefits of registering your work.
A “certificate of copyright” provides legal proof of an existing copyright.[1] This will make it easier to fight copyright infringers.
A registered copyright will protect your work, in various jurisdictions, from infringers. A registered copyright in Canada is enforceable in any nation that is signatory to the Berne Convention for the Protection of Literary and Artistic Works.[2]
IS COPYRIGHT APPLICABLE?
The Copyright Act protects “artistic works”, “musical works”, “sound recordings”, “dramatic works”, “literary works”, “communication signals”, “performers’ performances” and “communication signals”.[3] An example of a protected work is a sculpture.[4]
Interestingly, protection is extended to computer programs.[5]
FILING AN APPLICATION
To register a copyright, you must fill out forms, available online, and pay a fee. CIPO provides specific forms for copyrights of sound recordings, communication signals, or performers’ performances.[6]
These forms will require you to provide certain information about the works such as the title, the subject matter, and your address. Canada requires declarations for copyrights of sound recordings, communication signals, or performers’ performances.
The fee is relatively inexpensive at $50 for an online application and $65 for an application not submitted online.[7]
WHAT’S NEXT?
If the Copyright Office at CIPO approves your work, they will issue a certificate.
There is no need for renewals because your work is protected for your life and 50 years after.[8]
This article is purely for informational purposes and should not be construed as legal advice.
If you have questions about registering copyright, please contact us.
[1] Canadian Intellectual Property Office, “A Guide to Copyright” (15 November 2016), Government of Canada (website), online:< https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02281.html>. [A Guide to Copyright]
[2] Berne Convention for the Protection of Literary and Artistic Works, 9 September 1886 (entered into force 5 December 1887).
[3] Copyright Act, RSC 1985, c C- 42. [Copyright Act]
[4] A Guide to Copyright, supra note 2.
[5] Copyright Act, supra note 4.
[6] Canadian Intellectual Property Office, “Forms” (5 February 2016), Government of Canada (website), online:< https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00021.html>.
[7] Canadian Intellectual Property Office, “Standard Fees for Copyrights” (23 February 2016), Government of Canada (website), online:< https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00091.html>.
[8] A Guide to Copyright.