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Crown Copyright & Licensing

Copyright FAQs

What is copyright?

Copyright is an author/creator's exclusive legal right to reproduce, publish and sell a work.

Where can I obtain a copy of the Canadian Copyright Act?

The Copyright Act and related regulations may be found at http://laws.justice.gc.ca/en/C-42/index.html

Who owns copyright?

The general rule is that the author/creator is the first owner of copyright, subject to any agreement between parties that states otherwise. The owner can give, assign, or license copyright in parts or in its entirety. There are special rules for works created by employees that vest copyright in the employer, and for commissioned photographs, portraits or engravings that vests copyright in the person commissioning the work as long as the creator is paid for the work.

What types of work does copyright protect?

The copyright law protects seven categories of works: literary, dramatic, musical, and artistic, as well as sound recordings, performer's performances and communication signals.

What types of works are not protected by copyright?

Titles, names, slogans and short word combinations are usually not protected by copyright. As well, ideas and facts are not protected. Works in which copyright has been given to the public and works in which the copyright has expired, are not protected by copyright.

How long does copyright protection last?

Copyright lasts for the life of the author/creator plus 50 years. Copyright protection always ends on December 31 of the last year of protection.

How long does Crown copyright protection last?

Crown copyright lasts from the date of publication of a work plus 50 years thereafter.

If a work does not have a © symbol, does that mean it is not protected by copyright?

No. In Canada, a work is protected by copyright automatically when it is created. There is no need to mark the work with a copyright symbol, “©”.

Under which conditions would an individual not require permission to reproduce copyrighted works?

Permission is always required to reproduce copyrighted works, except when:

• The work is in the public domain.
• The copyright has expired.
• The work is covered under the Reproduction of Federal Law Order [http://laws.justice.gc.ca/en/otherreg/SI-97-5/index.html], which allows for the reproduction of legislation, statutes, regulations, decisions of federally-constituted courts and tribunals, and the reasons for those decisions;

Is permission required to reproduce federal laws, regulations or court decisions?

Anyone may, without charge or request for permission, reproduce enactments and consolidations of enactments of the Government of Canada, and decisions and reasons for decisions of federally constituted courts and administrative tribunals, provided due diligence is exercised in ensuring the accuracy of the materials reproduced and the reproduction is not represented as an official version.

Please refer to: Reproduction of Federal Law Order [http://laws.justice.gc.ca/en/otherreg/SI-97-5/index.html]

Who holds copyright in a document prepared by a Government of Canada employee?

Section 12 of the Copyright Act [http://laws.justice.gc.ca/en/C-42/index.html] provides that the Crown owns the copyright in works that are prepared or published by or under the direction or control of the Crown or any government department, subject to any agreement stating otherwise.

However, Government of Canada employees have moral rights in the works they create, unless they choose to waive these rights.

What are "third-party" materials?

Third-party materials are works that have been included in the work of an author/creator who does not hold the copyright in those reproductions. An example of this would be a photograph taken by a private citizen that was incorporated in a text written by a Government of Canada employee. Copyright in the text would belong to the Crown, but the private citizen, or "third-party", would hold copyright to the photograph.

Is permission needed to reproduce Government of Canada symbols such as corporate signatures, the Canada wordmark, the Arms of Canada, and the Canadian flag?

All Government of Canada symbols are protected under the Trade Marks Act. The Arms of Canada, the Government of Canada signature, and the "Canada" wordmark are exclusive trademarks of the Government of Canad Individuals or institutions external to the Government of Canada cannot use these marks without prior authorization. Requests for permission should be forwarded to:

Canadians are free to use and display the National Flag of Canada as they wish. However, the Trademarks Act [http://laws.justice.gc.ca/en/showtdm/cs/T-13] protects the National Flag of Canada against unauthorized commercial use. Requests to use the flag should be addressed to:

Where can I obtain information about how copyright is administered within the Government of Canada?

The Treasury Board of Canada Secretariat has developed a policy – the Communications Policy of the Government of Canada – that includes procedures and requirements for numerous communication activities, one of which is “Copyright and Licensing”.

Requirement 28 of the policy, titled “Copyright and Licensing”, contains specific procedures that identify the roles and responsibilities of Public Works and Government Services Canada and other departments. These procedures describe how copyright clearance requests are to be processed, and also cover the topics of royalties, the conditions under which permission should be denied, and infringement.

For information, please refer to the:

Communications Policy of the Government of Canada (Policy Requirement #28)
http://www.tbs-sct.gc.ca/pubs_pol/sipubs/comm/comm_e.asp

Procedures for the Administration and Licensing of Crown Copyright
http://publiservice.tbs-sct.gc.ca/pubs_pol/sipubs/comm/cpgcp-ppcgc04_e.asp

How do I apply for copyright clearance on Government of Canada work(s)?

Applying for copyright clearance is easy! Just complete an Application for Copyright Clearance on Government of Canada Work(s) [http://publications.gc.ca/helpAndInfo/cc-dac/application-e.pdf]and return it to the Crown Copyright & Licensing [http://publications.gc.ca/helpAndInfo/cc-dac/contact-e.html] office by mail, fax or e-mail.

How do I register or obtain information related to copyright in which I am the author / creator?

The Crown Copyright and Licensing (CCL) office, Public Works and Government Services Canada, is responsible for the administration and management of copyright in works that are created by, for, or under the direction of the Government of Canad

When you wish to register or obtain information on a work or works that you have written / created, the Canadian Intellectual Property Office (CIPO), Industry Canada, is the government organization that can assist you. You can contact CIPO using one of the coordinates shown hereunder.