Area of Law: Intellectual Property
Answer # 319
How to register a Copyright
Region: Ontario Answer # 319Registering a copyright involves several steps. You must fill out a standard application form and pay an application fee.
Application form
Application forms are available online from the Canadian Intellectual Property Office (CIPO), from a CIPO Client Service Centre, or from an Innovation, Science and Economic Development Canada office..
Information that is required in the application includes:
1. Title and copyright categories
You must provide a title for your work which must identify a single work. For example, if the work is published in a series of books or parts, such as an encyclopedia, you only need to submit a single application for the whole work.
Next, the application form asks you to choose a copyright category for your work. Examples of the available categories include:
Literary
- such as books, pamphlets, computer programs and other works consisting of written text
Musical
- such as compositions, with or without words
Artistic
- such as paintings, drawings, maps, photographs, sculptures, and plans
Dramatic
- such as motion picture films, plays, screenplays, and scripts
Compilation: A compilation is something created by choosing and organizing works of literature, drama, music, art, or data. If a compilation includes different types of works, it’s categorized as a compilation of the type of work that makes up the largest part of it.
There are also three other subject-matters in which copyright can exist:
- Performer’s performances
- Sound recordings
- Communication signals
2. Publication
On the application form you must also indicate whether the work has ever been published and provide the date and place of first publication.
Publication includes:
- making copies publicly available
- buiilding an architectural work (or any model of a building or structure)
- incorporating an artistic work into an architectural one
The following do not constitute publication:
- distribution of photographs/engravings of sculptures or architectural works
- exhibition in public of an artistic work
- performance of a literary, dramatic, musical or artistic work in public
- communication of a literary, dramatic, musical or artistic work to the public by telecommunication
3. Owner and author
The application form also requires the full legal name and the complete address of the owner or owners of the copyright, and the author. The owner is usually the creator or author of the work, but if you register an assignment or license of a copyright, the owner will be the buyer or licensor.
4. Pay fees and submit application
Once the application form has been completed, it must be signed by the owner or someone authorized to act for the owner. The application together with a non-refundable government fee must be submitted to the Copyright Office. Applications can be filed online, or by mail.
Visit the Canadian Intellectual Property Office’s fees page for further details.
Registration by Copyright Office
After the Copyright Office receives your application and registration fee, they will review it to make sure it is completed properly. If any changes need to be made, they will inform you within one week of the date of filing.
If your application is accepted, you will receive a Registration Certificate within five business days if your application was submitted online, or within seven business days if it was submitted by mail. No further fees are required to maintain the registration.
it is important to note that no matter who owns the copyright, it is the death of the author that determines when the 70-year term of protection begins.
Library and Archives Canada Deposit
Lastly, under the Library and Archives of Canada Act and the Legal Deposit of Publications Regulations, Canadian publishers must send copies of any new “library matter” to Library and Archives Canada within one week of publication.
For more information and current fees, refer to the Canadian Intellectual Property Office.
For legal assistance, contact a lawyer.
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