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Glossary
of Copyright Terms
Use
"find [COMMAND F]" in your browser to search for
a particular term below or in a linked page.
Assignment
Assignment is the transfer of copyright from the
owner to a second party. Copyright is assignable,
moral rights are not assignable. Many people confuse
Assignment with licensing. Licensing grants permission
for only a limited while assignment transfers the
ownership of the copyright itself.
Ownership/Assignment
- Copyright Act of Canada]
Author
The author is the creator of a copyrighted work.
Ownership/Author
- Copyright Act of Canada
Berne Convention
The Berne [Switzerland] Convention is an international
agreement for the protection of literary and artistic
works. Countries that are party to the Berne Convention
are obliged to give nationals of other signatory
countries minimum levels of copyright protection.
Canada is a party to the Berne convention.
The Berne Convention - Cerebalaw
Collective
A collective is an organization that administers
rights on behalf of its members or clients. Copyright
collectives typically negotiate and grant licenses,
collect and distribute licensing income, and enforce
member and client rights in cases of infringement.
Collective
Administration - Copyright Act of Canada
Copyright Act
The Copyright Act of Canada is the legislation C-42
enacted by the government concerning copyright in
Canada.
The
Copyright Act
Copyright Board of Canada
The Copyright Board is a federal regulatory tribunal
responsible for approving all copyright tariffs
and fees. The Board sets the rates for licenses
when the owners and users cannot agree on terms
and when the owner of the copyright cannot be located.
The
Copyright Board of Canada
Copyright Office
The Copyright Office is part of the Canadian Intellectual
Property Office. It is responsible for registering
copyrights in Canada. Under Canadian law, copyright
exists automatically for original works at the moment
that they are fixed in a material (on a page or
CD, for example) or digital (in RAM or a computer
chip) form. Registration of a work with the Copyright
office can assist in the resolution of disputes
from claims of infringement, but is not necessary
for proving copyright.
Canadian
Intellectual Property Office
Crown Copyright
Crown copyrights exist for works made by or for
the government (The Crown) such as legislation and
government publications. Permission is not required
to reproduce acts of legislation, court decisions,
or decisions of tribunals. The user is required
to ensure the accuracy of the copy and to indicate
it is not the official version. Some Crown Copyright
materials require permission for use from the government,
though that varies among provinces and the federal
government.
Ownership/Crown
Copyright - Copyright Act of Canada
Exceptions to Copyright
Exceptions are provisions in the act that allow
specific uses of copyright material without securing
permission from the copyright holder. In the absence
of an exception, the use would be an infringement.
Exceptions are very specific and have limited applicability.
Users should not assume that an exception applies
in their case without consulting expert advice.
Exceptions
to Copyright - Copyright Act of Canada
Fair Dealing
Fair dealing is an exception for using a copyright
work for private study, research, criticism, review,
or news reporting. Fair dealing is the most widely
used exception in Canadian Copyright. Fair dealing
does not permit the unauthorized use of a work for
teaching in a classroom.
Exceptions/Fair
Dealing - Copyright Act of Canada
Fair Use
Fair use is an exception to the United States copyright
law that does not apply in Canada. For more information
on Fair Use see "U.S.A: Exceptions" and "U.S.A.:
Exceptions Wizard
Fair
Use - U.S. Copyright Office
Infringement
Infringement is the unauthorized use of a copyright
work.
Infringement
- Copyright Act of Canada
Intellectual Property
The broader grouping of rights that includes copyright,
trade marks, patents, industrial design, integrated
circuit typography.
Intellectual
Property - Canadian Intellectual Property Office
License
A license is the grant of permission to use a copyright
work for a specific and limited use. A license does
not convey the transfer of ownership in
the copyright, assignment of ownership in the copyright,
or the right to use the work in any fashion other
than the use specifically granted.
License
- Canadian Intellectual Property Office
Moral Rights
Moral Rights are the rights of a creator to the
integrity of the work and the right to be named
as the work's creator after sale or transfer of
the copyright and/or the physical work.The moral
right is not assignable.
Moral
Rights - Copyright Act of Canada
National Treatment
National Treatment is the provision in the Copyright
Act that extends the copyright protection enjoyed
by Canadian citizens and residents in Canada to
nationals of other countries that are party to any
of the Berne Convention, Rome Convention, and/or
the Universal Copyright Convention. Canadian citizens
and residents are similarly protected in non-Canadian
countries that are signatories. That means that
a Canadian citizen is protected by the provision
of the US copyright act for any infringement that
may take place in the United States.
National Treatment - Department of
Justice Canada
Neighbouring Rights
Neighbouring Rights are also known as Copyright
in Performer's Performances, Sound Recordings, and
Communication Signals. These are rights to remuneration
(getting paid) for performers and producers of sound
recordings and broadcast programs when these are
performed or communicated in public. Neighbouring
rights include rights of recording artists, record
producers, and broadcasters.
Neighbouring
Rights - Copyright Act of Canada
Private Copying
The private copying of music recordings for personal
use is not an infringing activity. The Copyright
Board has a tariff for the Canadian Private Copying
Collective (CPCC) on blank media (cassette tapes,
recordable CDs, etc.) under the Right of Remuneration
legislation. These payments cover the private copying
of musical works.
Private
Copying - Copyright Act of Canada
Public Domain
A work is in the Public Domain after the expiration
of its term of Copyright Protection.
Public Domain - Canadian Copyright
Law, Lesley Ellen Harris
Rome Convention
The Rome Convention is an international agreement
for the protection of performers, producers of sound
recordings, and broadcasting organizations that
establishes minimum protection requirements for
countries that are party to the convention.Canada
is party to the Rome Convention.
Rome
Convention
Term of Copyright
Copyright exists for a specified period of time.
In Canada the term of copyright is for the life
of the creator of the work plus the 50 years that
follow the creator's death concluding with December
31 of that 50th year. There are other considerations
in determining the term of copyright should the
work be a work for hire, or meet other conditions.
Term
of Copyright - Copyright Act of Canada
Universal Copyright Convention
Canada is party to the Universal Copyright Convention
as adopted in Geneva in 1952 and revised in Paris
in 1971.
Universal Copyright Convention
Works that are Subject to Copyright
In Canada, copyright subsists in every original
literary, dramatic, musical, and artistic work for
the term specified in the Copyright Act of Canada.
Works
in Which Copyright May Subsist - Copyright Act of
Canada
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