Overview of Copyright Protection in Canada

I. Types of Works Eligible for Copyright Protection

Under the Canadian *Copyright Act*, copyright is a form of intellectual property protection granted to original works.

1. Protected Categories of Works

• Copyright protection applies to:
  • Literary works (including computer software and databases)
  • Musical works
  • Dramatic works
  • Artistic works
• In addition, Canadian copyright law protects certain related rights, including:
  • Performers’ performances
  • Sound recordings
  • Communication signals

2. Works Not Protected by Copyright

• The following are not eligible for copyright protection:
  • Ideas, concepts, systems, or methods
  • Facts
    • Short titles or single-word titles
    • Works not fixed in a tangible form (i.e., not written, recorded, or otherwise permanently embodied)
    • Works lacking originality

Under Canadian law, originality requires that the work demonstrate the exercise of skill and judgment in its creation.

II. Term of Copyright Protection in Canada

As a general rule, copyright protection lasts for:

• The life of the author
• Plus the remainder of the calendar year in which the author dies
• Plus an additional 70 years after the end of that year

Accordingly, protection expires at the end of the seventieth year following the author’s death.

Copyright Notice (©)

Canadian law does not require a copyright notice for protection to exist. Copyright arises automatically upon creation of an original work fixed in a tangible form.

However, including a copyright notice is strongly recommended because it:

1. Deters unauthorized copying
2. Publicly signals that copyright has been claimed
3. May serve as evidence in litigation to rebut a defense of “innocent infringement”
4. Is advisable for international distribution, as some jurisdictions require notice

A typical copyright notice includes:

• © Name of Copyright Owner, Year of First Publication
• Example: © Jane Doe, 2019

A copyright symbol may be used even if the work has not been formally registered.

III. Characteristics of the Canadian Copyright Registration System

The competent authority is the Canadian Intellectual Property Office (CIPO).

1. No Deposit Requirement：CIPO does not require submission of a copy of the work: Neither at the time of application, nor after registration. CIPO does not accept copies accompanying a copyright application.

2. No Substantive Examination: CIPO does not verify:

• The legality of the work;
• Ownership
• Authorship
• Originality

Registration is based on the applicant’s declarations and serves as prima facie evidence of the existence of copyright.

3. Filing Language

• English
• French

IV. Information Required for Copyright Registration (Software Example)

The following information is typically required:

• Title of the software  
• Whether the software has been published; date and city of first publication   
• Author’s name, address (including street and house number), and nationality  
• Copyright owner’s name, address (including street and house number), and nationality
• Statement of ownership or acquisition of ownership (e.g., creation, assignment, or license)

V. Official Fees for Canadian Copyright Registration (CAD)

In Summary: 

• Copyright protection in Canada arises automatically upon creation and fixation.
• Registration is optional but provides evidentiary advantages.
• No copy of the work is required for registration.
• The protection term is life of the author plus 70 years.
• including a copyright notice is recommended, especially for international distribution.