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Author Topic: Copyright Registration in Canada  (Read 2553 times)

wolfnowl

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Copyright Registration in Canada
« on: November 12, 2013, 01:40:31 am »

Someone asked me the other day about image registration for copyright in Canada.  I knew this was handled through the Library of Congress in the US, but didn't know about Canada.  Poke around government websites long enough and they're bound to give up obfuscating... either that or you just get lucky.

In Canada registration is done with the Canadian Intellectual Property Office: http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html

More information is available on the site.

Mike.
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Jason DiMichele

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Re: Copyright Registration in Canada
« Reply #1 on: November 12, 2013, 07:58:58 am »

Thanks for sharing this Mike! :)
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rcdurston

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Re: Copyright Registration in Canada
« Reply #2 on: November 24, 2013, 01:31:28 pm »

Don't forget to register it in the US as well though. the eFile option is cheap at $35 per batch
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wolfnowl

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Re: Copyright Registration in Canada
« Reply #3 on: November 25, 2013, 01:56:50 am »

A lot cheaper than Canada!

Mike.

And Jason, you're welcome!
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Ian99

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Re: Copyright Registration in Canada
« Reply #4 on: June 28, 2014, 03:46:38 pm »

Rob Durston commented  “Don't forget to register it in the US as well though” and I would like to ask WHY??

Rob seems to have bases in both the UK and the US so he may have some particular insight on the issue.

It was my understanding that the USA is a signatory to the Berne Convention for the Protection of Literary and Artistic Works which is administered by the World Intellectual Property Organization in Geneva. As such the US is supposed to honour the procedures and laws with respect to copyright issues in each and every country which has signed the Convention.

The USA came to this reluctantly and much later in the game than most other countries but it would have no rational argument with copyright theft in China without being a Convention member.

Previously, an artist claiming copyright in say Germany would have to go around every country in the World registering the claim many times over. The Convention makes this unnecessary.

I am not so naïve to think that US courts play with an even approach to foreign plaintiffs especially on an issue with an International Convention, and I doubt that some elected hick judge in Rubberboot Arkansas has ever heard about international obligations.  BUT as far as I understand the system is supposed to protect copyright holders worldwide.

Given Rob’s transatlantic bases perhaps he can shed some light on the issue. So far I have just registered in Canada, and even that is a bureaucratic exercise as it does not prove copyright ownership, just makes claiming it a little easier.
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rcdurston

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Re: Copyright Registration in Canada
« Reply #5 on: July 02, 2014, 08:25:33 am »

I work in the UK and the US . . . mostly. There are some other countries I work in as well but mostly those two.
Yes the WIPO should look after you when it comes to infringement in participating countries BUT when it comes to the US it doesn't hurt to file with the copyright office. It's cheap and since it is a government agency, its already "in the system" whereas WIPO is a foreign body.
When I find an infringer the first thing I look for is if they have a company office/branch in the US who I can correspond with and start a paper trail. The highest awards for infringement mostly come from the US, so why not have your images registered in their system. If it comes time to take them to court, hire a US IP lawyer and run it through the US courts instead of some rinky dink court in some out of the way country that may or may not be part of WIPO but they do have that US office for you to deal through.

other sources of good info
http://www.copyright.gov/eco/index.html
http://www.burnsautoparts.com/blog/
http://mylawyergabe.com
http://www.photoattorney.com

Thanks
Rob
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Ian99

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Re: Copyright Registration in Canada
« Reply #6 on: July 02, 2014, 08:32:14 am »

Thanks Rob.
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Robert Roaldi

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Re: Copyright Registration in Canada
« Reply #7 on: July 02, 2014, 09:05:56 am »

I remember reading once (4-5 years ago) that registering copyright in Canada must be done for every individual "piece" of art, e.g., every photograph. Is this actually the case or is this out of date? Because if it is the case, it would get expensive. I also remember reading that the U.S. would let you register, say, a CD full of photographs as one registration, which has the effect of lessening fees.
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Ian99

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Re: Copyright Registration in Canada
« Reply #8 on: July 02, 2014, 09:45:28 am »

Robert, part of the registration process in Canada states:

“Works
The following information is required in an application to register the copyright in a work:
Title of the work
The title of the work must identify a single work. If the work is published in a series of books or parts, such as in the case of an encyclopedia, a single application for the whole work is sufficient. Descriptive matter that does not constitute a part of the title should not be included.”


So it looks like a CD full of images would not be allowed unless you were stating that the whole CD would be the protected item and not the individual components.
I haven’t tried it so I do not know.

One peculiarity of the Canadian system is that they do NOT want nor will accept a copy of the work being registered, so one has to wonder what exactly you can prove just from a registered title.

It may be that this is a good reason to register in the USA so a bulk filing may be done, although I am not clear whether a Canadian CD would be required to be sent to the Library of Congress, which appears mandatory for US published works.
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