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Topic: Canadian Copyright law (Read 1703 times) |
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paul.mcgill
Newbie
Posts: 1
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Canadian Copyright law
« on: Dec 13th, 2006, 6:29am » |
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Is it necessary, in Canada, to go through a copyright lawyer in order to copyright a piece of intellectual property, and if not, what forms are required and where are they available?
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Lyza
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Posts: 360
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Re: Canadian Copyright law
« Reply #1 on: Dec 13th, 2006, 7:06am » |
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Paul,
This forum is primarily about U.S. copyright issues, but here is a link to the Canadian Copyright Office. http://strategis.ic.gc.ca/app/cipo/copyrights/displaySearch.do?language= eng
You can search therein for rules and procedures in Canada. Good luck.
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Lyza L. Sandgren, President/CEO
CanopyLegal LLC
lyza2855@gmail.com
www.canopylegal.com
North Amer. Rep for WebTMS TM Mgmt System
This message should be mistaken for or construed as legal advice.
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Isaac
Senior Member
Posts: 3472
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Re: Canadian Copyright law
« Reply #2 on: Dec 13th, 2006, 1:59pm » |
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on Dec 13th, 2006, 6:29am, paul.mcgill wrote:| Is it necessary, in Canada, to go through a copyright lawyer in order to copyright a piece of intellectual property, and if not, what forms are required and where are they available? |
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The facetious answer is no. As in the US copyright protection is obtained when the work is created and fixed. Registration of the copyright is not required to "copyright a piece of intellectual property" Unlike the US, I don't believe Canada requires registration before you file suit.
Perhaps you'll find Lyza's answer more useful than mine, which is a little nit-picky.
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Isaac
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Louisa
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Re: Canadian Copyright law
« Reply #3 on: Jun 18th, 2007, 1:01pm » |
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I have read elsewhere that
"Copyright holders who are protected under the Canadian Copyright Act are protected when their creations are used in the United States and such protection is governed by the rights and remedies set out in the American Copyright Act. Although there are many similarities with respect to the copyright laws in the two countries, there are differences with respect to the registration system, maintaining and enforcing copyright protection and exceptions from the law, all of which should be taken into account when exploiting copyright works in the United States."
Can it really be true that a work copyrighted in Canada, and used within the US, is governed by American Copyright law rather than Canadian Copyright law?
Also, I have been trying, unsuccessfully, to find a Canadian Copyright forum wherein I might have some questions answered with respect to "fair dealing."
Any information would be greatly appreciated,
Thanks,
Louisa
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Isaac
Senior Member
Posts: 3472
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Re: Canadian Copyright law
« Reply #4 on: Jun 18th, 2007, 1:27pm » |
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on Jun 18th, 2007, 1:01pm, Louisa wrote:| ICan it really be true that a work copyrighted in Canada, and used within the US, is governed by American Copyright law rather than Canadian Copyright law? |
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Yes.
Copyright laws are national in scope. You can use US copyright to protect a work created in Canada in a US court. However, almost certainly, the infringement of the Canadian work in the US does not violate Canadian law. It's possible that some aspects of Canadian law might be relevant in the US (for example Canadian law on work for hire might determine who the owner of a work created in Canada might be) but in the main, I would expect that for infringement in the US, US law would be used.
The fact that there is a large degree of harmonization allows you to protect your work in foreign countries, but you have to do that in a foreign court and under foreign law.
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| « Last Edit: Jun 18th, 2007, 1:27pm by Isaac » |
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Isaac
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