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The law can be confusing and copyright law is no exception.
A copyright is made up of numerous different rights; the performing rights
that we administer are part of copyright. While SOCAN does not register copyrights, we thought it would be helpful to provide some information
about copyright so that you are better able to protect your rights.
Remember, the application of laws can vary depending on particular situations.
While the information we offer here may be correct in
general, it may not apply to your particular situation. Nothing we have
provided is intended as legal advice; it is merely general information about
the subject of copyright. For specific advice, applicable to your own circumstances,
always consult a lawyer.
Click on the appropriate topic for more information:
General copyright information
If someone uses your works
Copyright around the world
Copyright and publishers
Performing Right
Computers and the Internet
Canadian Private Copying Collective (CPCC) (PDF)

Q: What is copyright?
A: Copyright is made up of several rights granted by
law to any creators of original works. These rights include, among others,
the right to copy the work, also known as the reproduction rights (which
refer to mechanical or synchronization reproduction) and the performing
rights (the rights to perform the work in public or to communicate by telecommunication
to the public). SOCAN administers the performing right. Along with these
rights come the right to modify the work, the right to assign the work,
moral rights to the work and other various rights.
Q: What is intellectual property?
A: Intellectual property is a form of creative endeavour
that can be protected through a copyright, trademark, patent, industrial
design or integrated circuit topography (computer program). Types of intellectual
property are trademarks, patents, trade secrets, service marks and industrial
designs.
Q: Do I have to register a copyright?
A: Copyright is granted as soon as an original work is
created and fixed. That means that as soon as you write it down, record
it, make it into a computer file or fix it in any other way, it is your
copyright. Registration of copyright is useful if you ever need to prove
that the work is indeed your copyright-protected property.
Q: Can I just send it to myself and keep it in
a sealed envelope?
A: Sending a copy of your song to yourself and keeping
the envelope sealed until it is needed (e.g. for a legal proceeding) can
be a fact that will help establish the date you claimed authorship/ownership.
It does not prove that you created the song; rather, it only helps establish
the date you claim the song came into existence.
Q: How do I register my musical work claim?
A:Get a form
from the Copyright
Office (part of the Canadian
Intellectual Property Office, or CIPO), fill it in and send it back
to the office along with the filing fee.You can reach CIPO at:
Canadian Intellectual Property Office (CIPO)
Industry Canada
Place du Portage I
50 Victoria Street, 2nd Floor
Hull, Quebec
K1A 0C9
Toll-Free: 1-866-997-1936
E-mail: cipo.contact@ic.gc.ca
Q: How long does it last?
A:Copyright generally lasts for 50 years after the
author (or the last surviving author) dies. However, there are exceptions.
Q: Are there limitations or exceptions to copyright?
A: Yes. Copyright can expire, as just discussed.
Copyright is also subject to specific statutory exceptions.
Q: What is "fair dealing" or "fair
use"?
A: The Canadian term "fair dealing" is similar
but not the same as the American term "fair use." In Canada,
it means that copyright is not infringed when a small part of a work is
used for private study, research, criticism, review or newspaper summary.
The exact amount of any particular work that can be used and still be
considered fair dealing is an issue dealt with by a judge.
Q: What is "public domain"?
A: A work (including a song) falls into the public
domain when the copyright has expired. After that time, anyone has the
right to record it, copy it, modify it, adapt it and generally use it
without obtaining permission. Of course, any new arrangement or adaptation
of the work may give rise to a copyright claim.


Q: What can I do if someone uses my copyright-protected material without my permission?
A: For rights other than the performing right, consult
a copyright lawyer to determine your best course of action.


Q: How are Canadian copyrights protected all
over the world?
A: Canada is a signatory to the Berne and Universal
Copyright Conventions. These are international treaties, signed by many
countries, that ensure copyright owners are granted similar rights in
all signatory countries. Your Canadian copyright is required by these
treaties to be upheld in all signatory countries, however you should always
place the international copyright notice (e.g. © Your Name 2007 [year
of first publication]) on all your works to give notice of your copyright
claim to potential users. You should always include a copyright notice
on all copies of your work. Registering a copyright in another country
provides even greater evidence to support your claim of ownership of the
copyright to the work.
And your performing rights are protected by SOCAN through the
operation of reciprocal (bilateral) agreements with foreign affiliated
performing rights organizations throughout the world.
Q: Is copyright law different in other parts
of the world?
A: Copyright law is similar but not identical in all
countries that are signatories to the international treaties on copyright
(the Berne and Universal Copyright Conventions). The laws of each such
country may differ in many aspects.


Q: If I sign with a publisher, do I still own
the copyright in my work?
A: Typically, you assign your copyright to your publisher
in exchange for the publisher paying you royalties under the terms of
your agreement. The terms of your contract outline exactly what rights
you may or may not retain over the works you create.
Q: Does my publisher own the copyright to the
works I created before I signed with it?
A: It depends on the terms of your contract. The publisher
owns the copyright or specific rights in all works you choose to assign
to it.
Q: Can you give me advice about how much a publisher
should pay to use a song?
A: Unfortunately, SOCAN is unable to provide any business
or legal advice. It is not the organization's role, and you would best
be served by a lawyer, business consultant, manager or agent acting on
your behalf.
Q: If I have licensed my work, can I still stop
the licensee from making changes to it?
A: It depends on the terms of your licence. If you
have not granted the licensee the right to make changes or modifications
to the work, they may not have the right to do so. However, many licences
do grant that right.


Q: What is a performing right?
A: Simply, it is the right to perform a work. This
performance may be a live performance, a recording or any other type of
performance.
Q: What is the difference between a copyright
and a performing right?
A: The performing right is one right that makes up
a copyright. A copyright owner automatically owns the performing rights,
along with other rights that make up a copyright.


Q: How do I protect my copyright on the Internet?
A: Always place the copyright notice (i.e. © Your
Name 2007 [year of first publication]) on all your works to give notice
of your copyright claim to potential users. Beyond that, it's up to you
to be diligent and watch for any evidence of infringement. Then you can
request that the infringer stop using your works or even take legal action.
There's no policing mechanism yet over copyright on the Internet.

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