What is Copyright?
The publishing process can be overwhelming, even before it has started. Without much prior knowledge, you will likely be confused by the publishing jargon. This blog will explain what it means to have a copyright, how to get it, and what to do if someone infringes it.
TSi, acquisition, advance, copyright, what does it all mean?
Let’s start with copyright. A copyright gives the creator or the rights holder legal ownership over their original content. This includes the ability to control what happens with the content and the profit that comes from its use.
What Rights Do I Have as a Copyright Holder?
There are three main rights that you get with copyright:
The right to produce and reproduce the work;
The right to allow other people to produce and reproduce the work through various contracts and agreements (generally with you taking a cut of the profit); and
Moral rights, which are only given to the original creator of the work. These rights deal with the use of the work outside of its economic benefits. These give you the right to have your name associated with the work if you want and to prevent anyone else from doing something that violates the integrity of the work.
Where Do These Rights Come From?
In Canada, copyrights are governed by the Copyright Act (“the Act”). It is a “creature of statute”, which means that any and all rights come from and are explained in the law enacted by the federal government instead of coming from decisions made by judges. What that means for you is that everything you need to be concerned about should be outlined in the Act itself, including what rights you have and what kinds of remedies you might pursue if someone treads on those rights. Keep in mind that judicial decisions can be useful for interpreting parts of the Act, but for a general understanding, the Act is sufficient because it will be the leading authority.
How Do I Get a Copyright
Getting a copyright is pretty easy - just create something artistic in a discernible medium. There is no need to register your copyright for it to exist. As long as the original content meets the requirements in the Copyright Act, the legislation that governs copyrights in Canada, you as the creator have a copyright on it. Ask yourself:
● Are you the original creator of the content?
● Is the content in a tangible form (i.e., is it more than an idea or word)?
● Is the content literary, dramatic, musical, or otherwise artistic?
● Am I a citizen or resident of Canada [or one of the countries covered by an international agreement], and was the content created in one of these places?
If the answer to all of these questions is yes, then it is likely that you have a copyright and you should meet with a lawyer to confirm and discuss your options.
You are also able to register your copyright in Canada, which can be useful because it becomes easier to assert your rights in court and track the timelines. For example, if someone makes and sells a copy of your book, then you can bring them to court and use the registered copyright as evidence that they are infringing your right by profiting off the content without your permission.
How Long Does a Copyright Last?
This depends on your specific situation, but the general rule is that the copyright lasts for your lifetime and for 50 more years after the year of your death.
The Act has special rules for some situations, like for works that are anonymous or use a pseudonym, and works with joint authorship. In these cases, the terms get moved around a bit. For example, with unknown authors, there isn’t a lifetime to measure, so they generally use a total of 75 years. Joint authorship uses the lifetime plus 50 years as a measurement for the author who passed away last. This can all get a bit tricky but what you can take away from this is that the copyright usually lasts quite a long time and its expiration is probably not something you’ll have to deal with.
Does My Copyright Extend Beyond Canada?
The Copyright Act controls the copyright in Canada. But as artistic products are commonly sold internationally, do you have to get a copyright in every country your book may be sold in?
The answer is that you have the right idea, but luckily the government has saved you some work by making international agreements with other countries. The protections under the Act only protect you in Canada, which means that people can infringe your copyright in other places. However, Canada has created multiple agreements with other countries to give authors and creators protection outside of Canada. All protection outside of Canada is based on those agreements, so it’s important to know what they are, the areas they cover, and their criteria to qualify for that international protection.
Are My Rights Protected Under a Pseudonym?
If you choose to publish under a pen name, your rights will still remain, however, it may be harder for someone to find you to ask your permission to use your content. If you are a self-published author, leave an email address on your website so people can find you. If you have a publishing house, the person seeking your consent can reach out to them instead.
What Are My Rights Under Joint Authorship?
Joint authorship is when two or more authors collaborate on a piece of writing. The authors jointly own the copyright of the work and must jointly exercise their rights of it. If you have joint authorship with someone, you both must agree to let someone else use part of your work. So if you and your co-author have written a novel together, you cannot let someone else turn it into a TV-series without your co-author’s consent.
What is Copyright Infringement?
Someone else wrongfully using your work without your permission is called copyright infringement. This may include posting your work online, copying, performing, selling or distributing your work without your permission. While writers might borrow ideas from other works of literature, you want to be careful not to “borrow” too much. A well-known case of copyright infringement is that of Star Wars vs. Battlestar Galactica. The creators of the latter were sued for stealing no less than 34 ideas from Star Wars, including character names, laser streak guns, and title (the working title for Battlestar Galactica was “Star Worlds”.) In the end, the case was settled, and although Battlestar Galactica became a successful show, the legal process delayed its airing for two years.
If you are the victim of copyright infringement, you are advised to seek legal help.
Conclusion
This is a dense, seemingly impenetrable forest, but hopefully, I’ve been able to create a pathway for you to better understand copyright and what it means for you as a creator.
Disclaimer: Please note that the timelines and different international agreements can get a bit tricky to manage, among other things, and everyone’s situation is unique, so always make sure that you are consulting with a lawyer whose job it is to know and consider all the complicated parts for you. This is just a brief overview of the concept of copyrights and does not constitute legal advice.
