For Content Creators

[Updated: 23 Sep 2024]

Copyright Ownership

Normally, the author of a work is the first owner of the copyright (Copyright Act, s.13(1)). However, there is an exception in the case of works made in the course of employment. Section 13(3) reads as follows:

Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical. [emphasis added]

The "agreement to the contrary" could be a specific agreement that relates to the particular work, or it could be the terms of a more general employment agreement. At the University of Alberta, the copyright terms that cover members of AASUA (Association of Academic Staff University of Alberta) are incorporated into the collective agreements (see Article 11: Copyright and Patent, and Appendix B: Copyright Regulations) available on the AASUA website. AASUA's FAQ that relates to the copyright terms (as revised in 2016) is available here.

The copyright owner has the exclusive legal right to publish, license, sell, transfer or give away the copyright in their works.
 

  

Registering Copyright

Benefits of Registration

The Copyright Act provides that a certificate of registration of copyright is evidence that copyright exists and that the person registered is the owner of the copyright. There is no requirement that a work be registered in order to receive copyright protection, however a registration can be useful if the ownership of copyright in a work is ever contested.

Filing an Application

To obtain a registration of copyright, an application must be filed with the Canadian Intellectual Property Office (CIPO) along with payment of the required fee. Instructions, forms and fee rates are available on CIPO’s Registration of copyright page.

There is no review, assessment or approval of works as a condition of registration. The responsibility for ensuring a work is original and meets the requirements for registration resides with the applicant.

Affixing the © Symbol

Marking a work with the copyright symbol is not mandatory under Canadian copyright law but some other countries do require it. The marking consists of the symbol ©, the name of the copyright owner and the year of first publication.

Even though not always required, marking is useful since it serves as a general reminder to everyone that the work is protected by copyright. This symbol may be used even if the work is not registered.

 

Publication of an Original Work

What Is Publication?

Publication means making copies of a work available to the public. For example, if a literary work is distributed in print or posted online by the rights holder, this would constitute publication of that work. However, a public reading of that literary work would not, by itself, constitute publication.

Transferring Ownership vs. Licensing Use

Economic rights can be transferred in whole or in part. Ownership is transferred via an assignment or a copyright transfer agreement.

An assignment occurs when a copyright owner transfers part or all of their economic rights to another party. The assignment may be for the whole term of copyright or for a certain part of it and may be limited to certain jurisdictions or specific formats. Such assignments must be in writing.

Some owners may choose to retain ownership of their economic rights and instead license use of some or all of their rights to others. A licence does not transfer ownership of copyright, it simply grants permission to someone other than the owner to use the work for certain purposes and under certain conditions.

Review Terms of Contracts and Agreements

Prior to signing an agreement, owners should review the terms of the agreement carefully to ascertain whether they are transferring ownership via an assignment or simply licensing use of their work to someone else. This distinction is important as it affects how and whether they may use their work in the future for any purpose (e.g., personal use, teaching, further licensing).

Publishers' Agreements

The Authors Alliance has developed publication contract resources, including a guide entitled: Understanding and Negotiating Book Publication Contracts (Authors Alliance. October 2018.)

The guide is designed to help authors to:

• Learn about the basics of copyright law, and how copyright shapes the author-publisher relationship;
• Evaluate the pros and cons of assigning and/or licensing their copyrights;
• Understand the responsibilities of authors and publishers in preparing, designing, and marketing a book;
• Clarify financial matters such as advances, royalties, and accounting statements;
• Consider options for making their books available to readers in the short and long term;
• Advocate and negotiate for contract terms that help them meet their creative and pragmatic goals;
• And much more!

The complete guide is available here.
 
 

 

Types of Licences

Licences allow copyright holders to specify the terms of use for their works. The terms “exclusive”, “non-exclusive” and “sole” define the types of licences that are typically granted in Canada. Aside from these licensing options, copyright owners may choose to openly license their own works.

Exclusive

When a work is licensed on an exclusive basis it means that the person receiving the permission/licence will be the only one with those rights to use the work. A broad exclusive agreement can be seen as a disguised assignment or sale of copyright, and, unless the rights holder specifically reserves some rights, such exclusivity could even prevent the rights holder from reproducing their own work. However, exclusive arrangements might also be limited to cover a specific purpose, duration or territory.

Non-Exclusive

When a work is licensed on a non-exclusive basis, that means the rights holder remains free to grant similar rights in the work to other parties.

Sole

With a sole licence, the rights holder is making an agreement with and licensing rights solely to the other party to that licence agreement.

Open

With an open licence, the rights holder is making an agreement with and licensing rights to anyone and everyone who agrees to and abides by the terms of the licence. Open licences, such as Creative Commons licences, are intended for copyright owners who want to openly share their work. In applying the licence that best suits their needs, copyright owners clearly communicate to all users the specific terms of use for their work. Open licences are commonly used in the creation of Open Educational Resources. See Developing OER to learn more.