Copyright represents the exclusive right for a person to produce, reproduce, publish and perform an original work whether it is literary, dramatic, artistic or musical in nature. It is very important for an artist or a creator to be well informed on the subject since this concept allows to protect his creations. Indeed, owning a copyright in a work makes it possible to control its use and therefore protect its value.
In general, any original work is automatically protected by copyright from the moment it is created. Filing a registration with the Canadian Intellectual Property Office confers a certificate, which, in the event of a dispute, will prove ownership. In Canada, a person’s copyright in a work subsists for the life of the creator and continues for up to 50 years after the creator’s death. Subsequently, the work will always become property of the public domain and may be used by anyone, with certain exceptions.
Usually, the creator of the work is the copyright holder. But like any good rule, there are exceptions. This is particularly the case with a recording studio that owns the copyright to works created by its employees in the course of their employment (unless an agreement has been reached to the contrary).
Bernier Fournier’s team will be happy to assist you in filing a copyright registration request. We can also advise you on any matter relating to the interpretation of the Copy Right Act1 or its regulations. Our lawyers are also able to draft and negotiate various copyright agreements.
Disputes arising in the field of intellectual property have their nuances and particularities and are distinguished from civil and commercial disputes. Bernier Fournier’s team has the skills and expertise necessary to represent you and develop strategies while having the objective of reaching a satisfactory resolution of the dispute.
1 Copyright Act, R.S.C., 1985, c. C-42.