Copyright is the right to use or reuse a work created by someone else. Poems, paintings, or musical scores… These creations have more than just sentimental value—they have a monetary value as well. Here are five key points to understand about copyright.
1 — Copyright law is a federal responsibility
In Canada, the Copyright Act protects any original work that is recorded or captured in some form, whether on a physical object, like paper, or digitally. Specifically, it protects the expression of an idea, not the idea itself. The law has two main objectives:
- to promote the creation and sharing of artistic and intellectual works for everyone’s benefit, and
- to ensure creators are fairly compensated for their work.
Any changes to the law must go through the federal government. Currently, people in Quebec’s cultural sector are advocating for the law to be revised. For instance, Copibec, a non-profit organization in Quebec specializing in copyright management, seeks changes to the “fair dealing exception” that permits the free use of copyrighted works for educational purposes. This exception has been in place since 2012. However, the federal government has yet to officially take measures to revise the law.
2 — Copyright and image rights are different legal concepts
Copyright covers works, which can be literary, dramatic, musical, or artistic. A work can be written on paper, noted on a musical score, or saved on a computer.
Image rights, or the right to control images of oneself, specifically concern artistic works. No one can use a photo or video in which you can be recognized without your permission. You decide how your image is used. There are exceptions: if you are in a crowd, in front of a historical monument, or participating in a newsworthy event like a protest, your image can be used without your consent.
3 — Works are protected by copyright for 70 years after the creator’s death
In Canada, a work is protected by the Copyright Act for the creator’s lifetime plus 70 years after the year of their death. After this period, the work enters the public domain and can be used by anyone without prior authorization.
In other words, these works can be adapted, republished, translated, and exploited by anyone without owing royalties. This means that these documents can be used by individuals, organizations, or private companies for non-commercial or commercial activities.
4 — Originality is a key criterion
To be protected, a work must be original. As previously mentioned, copyright does not protect ideas but the expression of those ideas, as long as they are recorded or captured in a material or digital form.
Originality means your work must be the result of your own creativity. Copying someone else’s work does not make a work original. You must have used your talent and judgment in creating the work. However, two artists painting the same subject on different canvases, for example, will produce two different original works.
5 — The © symbol is not mandatory to indicate copyright protection
Under Canadian law, it is not mandatory to put a copyright notice, or the copyright symbol, on your work. However, it serves as a useful reminder that your work is protected.
Typically, a copyright notice includes the © symbol, followed by the name of the copyright holder and the year of first publication.
