Copyright is an author/creator's exclusive legal right to reproduce, publish and sell a work.
Related regulations can be found in the Copyright Act.
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.
The copyright law protects seven categories of works: literary, dramatic, musical, and artistic, as well as sound recordings, performer's performances and communication signals.
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.
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.
Crown copyright lasts from the date of publication of a work plus 50 years thereafter.
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, ©.
Permission is always required to reproduce copyrighted works, except when:
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-lois.justice.gc.ca/eng/regulations/SI-97-5/index.html]
Section 12 of the Copyright Act [http://laws-lois.justice.gc.ca/fra/lois/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.
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.
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 Canada. Individuals or institutions external to the Government of Canada cannot use these marks without prior authorization. Requests for permission should be forwarded to:
Federal Identity Program
Treasury Board of Canada Secretariat
300 Laurier Avenue West
Ottawa ON K1A 0R5
Canadians are free to use and display the National Flag of Canada as they wish. However, the Trade-marks Act [http://laws-lois.justice.gc.ca/eng/acts/T-13/index.html] protects the National Flag of Canada against unauthorized commercial use. Requests to use the flag should be addressed to:
Ceremonial and Canadian Symbols Promotion
Department of Canadian Heritage
Ottawa ON K1A 0M5
The Treasury Board of Canada Secretariat has developed 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:
Applying for copyright clearance is easy! Complete an Application for Copyright Clearance on Government of Canada Work(s) [http://publications.gc.ca/site/eng/ccl/copyrightClearance/apply.html] and return it to the Crown Copyright and Licensing office by mail, fax or email.
Crown Copyright and Licensing (CCL), 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 Canada.
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.
Canadian Intellectual Property Office
Place du Portage I
50 Victoria St., Room C-114
Gatineau QC K1A 0C9
8:30 a.m. to 4:30 p.m. (ET) Monday to Friday
General enquiries: 819-997-1936
($3 flat rate call) 1-900-565-CIPO (2476)
Enquiries only: 819-953-7620
Submit Intelectual Property documents: 819-953-CIPO (2476)