Q: How do I get permission to record a musical work?
Anyone wishing to record a song must first seek the permission of the copyright owner by obtaining a mechanical rights licence. In Canada, many copyright owners are represented by mechanical rights organizations such as the Canadian Musical Reproduction Rights Agency (CMRRA) or the Society for Reproduction Rights of Authors, Composer and Publishers in Canada Inc. (SODRAC).

Q: Can I make an arrangement or adaptation of a musical work that is still subject to copyright protection?
If you wish to arrange or adapt an original copyright-protected musical work you must obtain permission from the copyright holder of that work.

Q: How many seconds of a song may I use before I need clearance?
Using any samples without permission of the original copyright owner may constitute copyright infringement. In that case, both the copyright owner of the recording and the copyright owner of the musical work must grant permission.

Q: Do I have to register my work for it to be protected by copyright?
Practically, copyright is granted as soon as an original work is fixed in some form. As soon as you write it down, record it , make it into a computer file or fix it in any way, it is your work. Registering your copyright is useful if you ever have to prove the work is indeed your copyright-protected property. For more information, see our section on copyright.

Q: How do I protect my copyright?
While copyright ownership in Canada is automatic upon creation of a song, it is still important to have evidence that establishes ownership and date of creation in the possible event of infringement. The following are common practices: registering with the Canadian and/or U.S. copyright offices and including identification of ownership on all published material.

Q: How long does copyright last?
Copyright generally lasts for the life of the author (or the last surviving author) plus 50 years after death. Once the period of copyright has ended the copyright is said to have expired and the work enters the public domain.

Q: What is public domain?
In Canada, a song enters the public domain 50 years after the death of the last surviving composer of the song. Permission to use, arrange, adapt and record a song in its original form is not required once it becomes part of the public domain. While 50 years remains the standard, the United States and some European countries have extended the length of copyright to 70 years after the death of the last surviving composer. Any new arrangement or adaptation of the work may give rise to a separate copyright.

Q: Can I copyright my band’s name?
You cannot "copyright" your band’s name, but you can register the name as a trademark with the Trademarks Branch of the Canadian Intellectual Property Office (CIPO). Ask an intellectual property lawyer for more information.

Q: Is my copyright ownership recognized throughout the world?
Like Canada, many nations are signatories to either or both of the Berne and Universal Copyright Conventions. These international treaties ensure that copyright owners are granted similar rights in all signatory countries. However, it is advisable to place a copyright notice (e.g., © Simon Songwriter, 2007) on all works.

Q: Does SOCAN protect my copyright?
SOCAN does not protect your copyright. SOCAN administers and protects the performing right. SOCAN does not administer reproduction rights (mechanical rights, synchronization rights), print rights, translation rights, moral rights or neighbouring rights.

Q: Will SOCAN act on my behalf with my publisher?
SOCAN cannot act on your behalf with publishers, promoters, distributors, movie studios or anyone else. Your agent or lawyer will help you with these transactions.