Myths About Copyright Law in Canada

There are so many things about copyright law a franchise lawyer will tell you. However, there are others you will have to find on your own if you want to be on the safer side. Canadian franchise laws are complex. As a result, there is a lot of false information built around them.

Ideas are protected

There is no idea, history or news that is protected by trademark Canada laws. It is only the expression of these ideas and news that will result in a copyright infringement.

If there is no notice, then the information is not copyrighted

In the past, you could be pardoned for copying material from a source that does not have a warning. However, this is not the case today after Canada signed to the Bernie copyright convention. Everything that is created privately is protected, whether it has a notice or not.

One must register with a Canadian copyright office in order to be protected

Copyright is something automatic upon creation of work. One can decide to register to receive additional benefits. This does not mean that those who don’t register will not be protected. The advantage of registering with a Canadian copyright office is that you will be assisted to enforce your rights and take legal action if the need arises.

There is fair use exception in Canada

There is nothing like fair use in Canadian copyright law. It is a doctrine that exists in other countries but not Canada. The law only contains a clause for fair dealing, which is often mistaken for fair use.

Government creations do not have copyright protection

Canadian government works are protected by copyright. However, there is no permission required to reproduce the woks in parts or in whole as long as it is meant to benefit the general public. It is illegal to reproduce the works for commercial purposes.

Employers have the copyrights for works produced by their workers

Works that are produced in the course of duty belong to the employer. However, the employee remains the author of the work. The duration of protection depends on the agreement between the employer and the employee. However, an employee has the moral rights to such creations.

There is no violation if the creator does not charge for the work

Whether someone charges or not, it stills a violation of copyright to take his creation without permission. This aspect often brings a lot of problems in court since people do not consider it a violation if they give their copyright away.

You lose the copyright if you don’t defend it

You do not lose a copyright unless you decide to give it away. Your name remains as the rightful owner of the work wherever you are. Think of it as a trademark in business law. No one can use somebody else’s trademark in a way that can steal its value. For more information, there are some helpful resources on the Hoffer Adler website.

Leave a Reply

Your email address will not be published. Required fields are marked *