FROESE LAW
COPYRIGHT LAW
Copyright law is a tool to protect every creative asset of your business. It incorporates literary, dramatic, artistic, and musical works. Our Expert Copyright Lawyers devise strategies to ensure that your creative ingenuity and competitive advantage are protected. In addition, we work with you to commercialize and monetize your creative assets.
Froese Law is an award-winning cross-border branding, corporate and commercial law firm. Our team of lawyers and legal professionals are dedicated to structuring your business, negotiating your contracts and protecting, enforcing and commercializing your brand. Contact us today for a free consultation!
Our Toronto Copyright lawyers have extensive experience with:
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Copyright availability and registrability searches
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Copyright applications and registrations
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Worldwide copyright portfolio management
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Copyright audits
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Copyright license agreements
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Copyright infringement
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Cease and desist letters
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Online infringement
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Take down notices
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International copyright applications
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Moral rights
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Copyright assignments
FROESE LAW SERVICES
What is a copyright?
A copyright can protect only the expression of an idea, but not the actual idea itself. For example, music composition or artistic design such as a painting. It maintains original artistic work or ideas if it is in compliance with the Copyrights Act.
FREQUENTLY ASKED QUESTIONS
Do I need to renew my copyright?
Unlike a trademark, you can not renew your copyright protection. The duration of a copyright will solely depend on the copyright itself. A copyright will exist for the life of the author and fifty (50) years after the author has died.
Do I need to register my copyright?
There is no requirement to register a copyright however, it is best practice to do so. It will automatically exist upon the creation of a project that is considered to be "copyrightable". It is always recommended to mark any copyright work with, for example, usage of a copyright symbol “©” and also the owner's name and year of publication.
What are my rights as a copyright owner?
The scope of protection under the Copyright Act allows for additional activities that only the copyright owner has a right to do. This may include:
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Produce, reproduce, perform, or publish any translation of the work
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Convert a dramatic work into a novel or other non-dramatic work
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Neighboring rights (i.e. if the performance is not fixed, to communicate it to the public by telecommunication, or to fix it in any material form. The owner also has the sole right to authorize these acts)
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The owner has the sole right to commercialize the copyright for a profit by licensing it or selling it.
Why is it beneficial to register my copyright?
While copyright law automatically gives you ownership of your original work at the moment you create it, there are important benefits to registering the copyrighted work, such as in the scenario that someone else is using your copyright. If you have to enforce your copyright in a lawsuit against an alleged copyright infringer, the copyright registration may be used as evidence to prove that you do own the rights to that copyright. If you do not register your copyright, it gives the copyright infringer an opportunity to argue in court saying that they were unaware of any copyrights in the infringed work due to the lack of registration. Obtaining a copyright registration always gives you access to statutory damages in the event of infringement.
What works are not protected by copyright?
Ideas, facts, short and one-word titles, and works that are not fixed in a material form (i.e works that have not been written down or recorded in a somewhat permanent digital format). In addition, works which are not original (i.e, works which do not require skills and judgment to create) cannot be protected by copyright law.
What happens when copyright protection expires?
When the duration of copyright protection expires, the copyright works fall into the public domain and are free to be used by anyone without permission of the original copyright owner.
What are moral rights?
Moral rights are concerned with the natural and inherent rights of a creator, and include the right of anonymity (the right of the author to remain anonymous or to adopt a pseudonym); the right of integrity (to prevent distortion, mutilation or modification of the work); and the right of association (to be credited for the work). Moral rights cannot be assigned or transferred, but can be waived.