Copyright

1. What is a Copyright?

Copyright is a bundle of monopolistic rights created by statute in relation to a "work" of an author, such as a novel, painting, photograph, screenplay, moving picture, musical score or computer program, that allows the owner of the copyright to prohibit others, inter alia, from producing or reproducing the work, performing the work in public, or publishing the work, in the country, or countries, in which the copyright subsists. Accordingly, anyone who produces, reproduces, publishes or performs the work without permission of the owner of the copyright is in violation of Canadian law, and is liable to civil, and potentially criminal, sanctions.

Copyright automatically comes into existence upon the creation of an original work, without the need for registration. For most works, copyright subsists throughout the life of the author, and for fifty years following the author's death, however, it should be noted that the duration of copyright depends on a number of factors, including, inter alia, whether or not the work has been published. Normally, the author is the first owner of the copyright in a work, except in circumstances where the work is created by the author in the course of employment for another; in this event, first ownership of the copyright normally resides with the employer, absent an agreement to the contrary. In circumstances where a work is commissioned, such as a photograph or portrait, first ownership of the copyright normally resides in the person by whom the photograph or portrait was commissioned, provided the author has been duly paid. Some exceptions to these general rules do exist. For example, although copyright in the articles of a newspaper columnist may be owned by the newspaper, the columnist may have reserved rights to restrain other types of publication, such as publication of the collected articles in book form. As such, it is necessary to examine each fact situation in detail, in order for a proper assessment of copyright ownership to be made.

Ownership of a copyright may be transferred, in writing, from one person, such as the author, to another, or bequeathed by will. However, where the author is the first owner of the copyright, no assignment of rights or bequest may vest any rights in the work beyond the expiration of twenty-five years from the death of the author, at which time, ownership of the copyright reverts to the heirs of the author, notwithstanding any agreement to the contrary. This provision was originally introduced to provide a limited form of protection to the widows and heirs of authors who made improvident financial deals during their lifetime.