Materials that can be copyrighted include literary and artistic works. Drawings, photographs and other works showing artistic craftsmanship may be protected by copyright. All these works must be original.

The author of the work is normally the first owner. There are some exceptions.

If the work was created as part of the author’s employment then the copyright belong to the employer subject to contractual arrangements.

For photographs or portraits, if the photograph or portrait was ordered by another person in exchange for some form of payment, then the copyright belongs to the person who ordered the photograph or portrait.

Ownership should be established before applying for copyright registration. We can discuss this further with you.

What are the Owner’s and the Author’s rights? Do these rights apply internationally?

Copyright in a work gives the owner the sole right to produce, reproduce or publish all or any substantial part of the work in any material form. This includes the production or publication of translations of the work and the right to communicate the work to the public through telecommunication (e.g. the internet). Copyright is a bundle of rights.

Copyright also provides the author of the work with moral rights. Moral rights protect the integrity of the work against modifications, such as distortions, mutilations or undesirable associations which prejudice the honour or reputation of the author. This moral right is owned solely by the author of the work and cannot be transferred, only waived in writing.

Copyright for Canadian works is valid in foreign countries as long as they belong to one of the international copyright treaties, conventions or organizations (e.g. the Berne Copyright Convention, the World Trade Organization). In some instances, it may be required that you mark your item(s) to be entitled to protection internationally under these treaties. We strongly recommend marking all items subject to copyright protection so you can obtain the broadest possible protection: © Jane Doe, 1986.