Registering a copyright

Copyright can protect any original work, whether it is literary, dramatic, musical, or artistic.

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The copyright is the "right to reproduce" a work. The copyright on the work includes the exclusive right to produce or reproduce the whole or a part of the work, according to the law. The concept of exclusivity versus non-exclusivity is very important. Normally, only the author of the work can reproduce it or give permission to a third party to reproduce it. Copyright also includes the right to perform the work in question. Copyright can protect any original work, whether it is literary, dramatic, musical or artistic.

Therefore, copyright can protect, for example, a book, a computer program, a film, a screenplay, a play, a painting, a photograph, an architectural work, etc. Each of these works is considered as a separate work and must therefore be the subject of a separate application.

Three other types of objects can be protected under the Copyright Act; these are performers' performances or singers' performances, communication signals and sound recordings.

Some works are not protected by the Copyright Act; for example, the mere title of a song (unless it is original and distinctive) or an idea for a plot, a teaching method or works that belong to the public domain are excluded from the scope of the law. Copyright does not protect an idea, even if original, but it protects the expression of that idea established in a fixed form.

In Canada, the Copyright Office, which is headed by the Registrar of Copyrights, handles registration requests. The Intellectual Property Office oversees this Office and also deals with trademarks, etc., in addition to copyright. A work or object will receive automatic protection in Canada through the Law or Canada's participation in certain international conventions; however, in some of these cases, it is sometimes necessary to register the symbol Ⓒ for copyright and the year of first publication to be protected in other countries. It is therefore not necessary to register your copyright in order to benefit from the protection provided by the Law.

It should be noted that the registration of a copyright provides no guarantee against infringement or breaches of that copyright, other than being able to demonstrate to the courts that the registered copyright has been plagiarized. The Copyright Office is not responsible for monitoring copyright. This responsibility lies with the author. It is the author who must take action, for example, against a plagiarist and establish in court that they have been harmed.

For these reasons, the " Declaration of Intellectual Property " designed by Notaire-Direct can be a good way to make the existence and exclusivity of your copyright in a work binding on all, in addition to its registration.

Copyright is valid throughout the author's lifetime, and then for a period of 50 years following the end of the calendar year of the creator's death. At the end of this period, the work enters the public domain and anyone can then reproduce it without paying any rights to the author or their beneficiaries.

The author of a work retains "moral rights" over that work. This means that no one can distort, mutilate or modify the work in a way that is detrimental to the author's honor or reputation.

The first holder of a copyright may assign their right to produce or reproduce a work they have created to other individuals through a contract. The assignment consists of transferring, partially or completely, these rights to a third party in consideration of a often. The registration of the assignment is not mandatory, but desirable.

The holder of a copyright may grant a license to a third party to produce or reproduce a work they have created. The license allows the use of the work under certain conditions. The holder of the copyright does not waive their rights to the ownership of the work. A license must be evidenced in writing and signed by the copyright holder.

The author of a work may receive royalties, which are amounts paid to the holder of a copyright in exchange for the sale of their works and the authorization to use them.

Registering a copyright can be a complex process, and a legal professional familiar with this process can provide valuable assistance that will save you time and money while meeting the requirements of the Copyright Office. The professionals at Notaire-Direct are here to help.

If you need more information on this service, please contact us
514 374-4303
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