The importance of copyright registration
A branch of intellectual property, copyright is the exclusive right that an individual exercises over his or her work, whether artistic, literary, musical or dramatic. TheCanadian Intellectual Property Office (CIPO) has the onerous task of administering this right. In addition to ensuring compliance, it also handles copyright registration, an essential step in the protection of works. How does this work, and what’s the real benefit?
What is copyright registration?
Copyright registration is the process of protecting the creative works of individuals.
Understanding the benefits of copyright registration
Under Canada’s Copyright Act, a work is protected from the moment it is created. In other words, creators hold the exclusive right to produce and reproduce, sell, distribute and license their works to third parties from the moment they are created.
To assert their rights, authorsregister their copyright. The process culminates in legal proof of an author’s ownership and existence of his or her work. Registration applies to original works, in this case: photographs, films, books, software, drawings, sound recordings, paintings, sculptures, articles..
Registration is carried out at the Canadian Intellectual Property Office. It confers certain prerogatives on the authors who carry out the operation (providing legal proof of ownership of the work in the event of litigation, or guaranteeing payment of damages to the copyright owner in the event of infringement).
Is copyright registration compulsory?
Copyright registration is an optional step, given that the work is already protected by law as soon as it is created. However, this protection is subject to one condition: the originality of the creation. In other words, the creation must be the fruit of the author’s talent and judgment.
Registration requires the work to be stored on a physical or digital medium (paper, film, USB key, frame, website, wall, etc.). The use of a medium makes it easier to demonstrate the existence of the work and its specific characteristics.
Although copyright registration is optional, it is nonetheless useful. The operation results in a copyright certificate recording the date of registration of the work. The official document will serve as evidence in court, creating a presumption of copyright ownership.
What’s the difference between creating a work and registering copyright?
In Canada, the creation of an original work automatically confers copyright on the creator. In other words, the creator has exclusive rights to sell, reproduce, distribute and license his or her work. However, mere creation provides no legal proof of the work’s ownership and existence.
This is where copyright registration comes in. The operation facilitates the provision of legal proof of the work’s ownership and existence.
What are the advantages of copyright registration?
Copyright registration offers a number of advantages: official proof, protection of the work anywhere, and entitlement to government subsidies.
A quick reminder of copyright law in Canada
Copyright protection applies from the moment a work is created. The Canadian Copyright Act (CCA ) is thelegal article governing the protection of the rights of Canadian and foreign authors. It provides protection for authors throughout their lifetime, and for a period of 50 to 70 years after the calendar year of their death. Thus, copyright protection ends on December 31 of the 70th year following the author’s death.
It confers moral rights on authors. These include the right to integrity of the work, the right to anonymity and the right of attribution. Nevertheless, the author may waive his or her moral rights.
Recordings of works created in collaboration (by several authors) are protected for the lifetime of the last surviving author. Protection continues for 70 years after the end of the calendar year of death.
Registration: official proof of authorship
Registration provides proof of ownership of the work. It is useful in the event of copyright infringement or litigation relating to the work. It also consolidates the author’s legal position against his adversary, should the case end up in court.
The operation helps toformalize the author’s status. It dissuades third parties who try to violate the author’s rights (by distributing his creation without his knowledge, or by plagiarizing it).
Despite obtaining a certificate of registration, the Copyright Office cannot ensure the supervision of the work or the control of registered works and their use. These tasks are the responsibility of the author.
Registration: protecting authors abroad
The Canadian government agency CIPO specializes in intellectual property protection. It protects authors’ rights both in Canada and abroad. Some countries have legalized copyright in a similar way to Canada. As a result, registering a work with CIPO speeds up the process of applying for copyright protection if the applicant is located outside Canada.
In addition, Canada has signed copyright protection agreements with several countries to recognize copyrights registered abroad.
Registration: access to government subsidies
Authors of cultural content are entitled to certain privileges, such as tax credits, under government subsidy programs. These benefits are only available to those in possession of a copyright certificate.
Federal and provincial agencies also offer funding programs for artists and arts organizations. These programs require prior copyright registration.
How does copyright registration work?
There’s nothing tedious about copyright registration, and it’s within the reach of all creators.
Apply for copyright registration
Before starting the procedure, make sure your work is placed and protected in a tangible medium (computer server, CD, paper, USB key…).
Filling in the copyright application form initiates the procedures. All you have to do is enter your personal details, a description of your work and its date of creation.
Paying registration fees
The next step is to pay the copyright registration fee to CIPO. The author pays a number of fees ranging from $50 to $80.
Acceptance of an application for copyright registration averages between $50 and $65.Acceptance for registration of a deed of assignment of copyright or a copyright license costs between 65 and 80 dollars.
A surcharge of approximately $20 may apply to registrations made outside the Copyright Office or CIPO website.
Send request to CIPO
Once you’ve completed the form and paid the fee, the next step is to submit the registration application to CIPO. You’ll be faced with the choice of submitting your application online (on the Government of Canada website) or by mail (with the form and registration fee) to CIPO.
Waiting for CIPO’s confirmation
On receipt of the document, CIPO will examine your application and ensure that all requirements have been met (completion of all mandatory fields on the form and payment of the registration fee).
CIPO then verifies compliance with eligibility criteria. Once approved, CIPO sends confirmation of your copyright registration.
The response time varies according to the number of applications received.
What are the consequences of not registering a copyright?
Failure to register a copyright complicates the resolution of any dispute relating to the work. The creator cannot obtain compensation if a third party appropriates his rights and exploits the fruit of his labor without his approval. The absence of a certificate makes it more difficult to prove ownership of the work in court.
Without registration, the creator cannot collect damages for copyright infringement. Courts will only consider registered authors who have provided proof of ownership.
The absence of registration further encourages third parties to appropriate the merits of the work.
Conclusion
Copyright registration is optional, but useful. The operation results in the recovery of a legal certificate that provides protection for the author and his work in the event of litigation or infringement of his rights. What’s more, the process is not at all complex, and can be completed in just a few days.
Copyright regulations vary from region to region in Canada. That’s why you need a lawyer specialized in intellectual property. The legal professional will provide more information on the registration process. He or she will also explain your rights in the event of a dispute concerning your work.
Sources :
Guide to copyright (canada.ca)
General Copyright Fees (canada.ca)
