Copyright subsists in every original literary, dramatic, musical and artistic work. The general term for which copyright shall subsist is for the life of the author and a period of fifty years after the death of the author. The manuals describing the fan and the drawings of the fan would be capable of copyright protection.
Copyright subsists in every original literary, dramatic, musical and artistic work.
In Canada, copyright arises as soon as the work is created. Registration of your copyright is optional but recommended.
Literary - This category is used to describe works consisting of text. This includes novels, poems, song lyrics without music, tables, compilations of literary works, catalogues, reports and translations of such works. Computer programs are also included in this category.
Dramatic - Included here is any piece for recitation, choreographic work or mime where the scenic arrangement or acting form of which is fixed in writing or otherwise. It also includes cinematographic productions such as films and videos. Examples of other dramatic works are screenplays, scripts and plays.
Musical - This category is used to describe any work of music or musical compositions with or without words and includes any compilations thereof. This definition does not cover song lyrics without music.
Artistic - Included here are paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship and architectural works.
In order for copyright to attach to a work, the work must be an original production and have some degree of creativity.
The work must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance.
The Act excludes designs that are ornamental or functional (Industrial designs) as well as words that are used as trade marks.
It also excludes designs that are topographies or intended to generate a topography. A topography is the "design, however expressed, of the disposition of (a) the interconnections, if any, and the elements for the making of an integrated circuit product, or (b) the elements, if any, and the interconnections of the making of a customization layer or layers to be added to an integrated circuit product in an intermediate form". An integrated circuit product means "a product in a final or intermediate form, that is intended to perform an electronic function and in which the elements, at least one of which is an active element, and some or all of the connections, are integrally formed in or on, or both in and on, a piece of material".
Copyright - A search of the Copyright Office records is not common. Such a search can be made by title or author but is of limited value due to the fact that a copy of the work is not required to be deposited with the Office.
Copyright - The rights of the owner include the sole right to produce or reproduce the work in any material form whatsoever, to perform the work, to adapt the work into another medium, and to translate the work. The owner also has moral rights concerning the integrity of the work.
In Canada, the term of protection for intellectual property is as follows:
Copyright - generally the life of the author plus 50 years.
Intellectual Property rights are national in scope. This means that you must usually file a separate application for each country in which you wish to seek protection.
For Patents, two main exceptions to the 'one application per country' rule exist. It is possible to file a single application for Europe under the European Patent Convention (EPC), and it is also possible to file a single application under the Patent Co-operation Treaty (PCT) of which Canada is a member.
For Trade Marks, it is possible to file a single trade mark application for Europe under the European Community Trademark system.
You should seek protection for every country where you conduct business, or where your product will be sold. You may also wish to seek protection in those countries where your main competitors are located or countries where infringing products could be manufactured.
Normally, Canadian clients file for protection in Canada or the U.S.A. and consider filing additional applications within the convention priority period described below. A professional can advise you on the best filing strategy for your situation.
Corresponding applications can be filed in other countries and this decision is made based upon a number of factors including where potential markets or competitors are located, and the costs involved.
Canada is a signatory to a number of international agreements which state that a national of one country, individual or company, who has filed an application in his home country may then file a corresponding application in Canada and claim their original foreign filing date as their Canadian filing date. In return, Canadians receive the same benefits.
Example: This means that for patents you can file your Canadian application today and will be granted one year in which to file a corresponding application in a foreign country and use today's date as the date of your foreign application. For industrial designs and trade marks, the priority period is six months.
You have the option to file applications yourself or use a professional experienced in this area of the law.
Patents and Industrial Designs - In Canada, there are two main groups practising in the patent and industrial design field - patent agents, and lawyers specializing in patents.
Patent agents are usually engineers and/or lawyers who have completed a set of examinations conducted by Industry Canada. Lawyers specializing in patents who are not patent agents do not file patent applications but advise on legal matters such as licencing, rendering legal opinions and taking legal proceedings before the courts.
Trade Marks - In Canada, there are two main groups practising in the trade mark field - trade mark agents, and lawyers specializing in trade marks who are also trade mark agents. Trade mark agents are individuals who have been employed for two years prosecuting trade mark applications under the supervision of a trade mark agent and who have passed a qualifying examination. Lawyers who pay a registration fee are entitled to practice as trade mark agents by virtue of their legal training. Industry Canada and the Patent and Trademark Institute of Canada maintain a list of all firms and individuals who are registered to practice as patent and trade mark agents. In addition many of these firms advertise under the 'Patent Agents - Registered' or 'Trade Mark Agents - Registered' section of the Yellow Pages. These firms can also advise you in respect of Copyright and Trade Secret issues.
Obtaining intellectual property protection can be an expensive process. You should review your financial resources as part of the development of an overall business plan.
Various avenues can be pursued for financing at different stages of development. Initially, innovators usually rely upon personal finances, family and friends, and personal loans. Other sources of funds may be available at later stages.
To give you some idea of the costs involved in seeking intellectual property protection, these are the applicable Canadian government fees:
Copyright - Registration fee $65.00.
The professional fees charged by patent and trade mark firms vary depending upon the complexity of the matter. You should discuss the question of fees with your professional.
Copyright - You can place a copyright notice on your work identifying your name, the copyright symbol © , and the date of first publication (e.g. Copyright © 1998, David Wray).
Copyright © R. William Wray & Associates 1995-2007 All rights reserved.
The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007
