What is covered under copyright?

 

What does copyright apply to?
It applies to all cultural work: art, music, novels, plays, films, blogs, short stories, poetry, paintings, photos, dance, documentaries, non-fiction writing, radio broadcasts and podcasts, sculpture, journalism, stand-up comedy, screenplays, and so on.

 

It doesn’t matter if it’s high art, low art, pop art, bad art or not art at all.

What doesn’t it apply to?
It doesn’t apply to compilations of information like phone directories or databases.

 

 

Table of materials Covered by The Act

artistic work

-includes paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanships, architectural craftsmanship, and compilations of artistic works

Copyright Act (R.S., 1985, c.
C-42)
S.2

architectural work 

- any building or structure or any model of a building or structure

 

choreographic work 

- includes any work of choreography, whether or not has any story line

 

cinematographic work 

- includes any work expressed by any process analogous to cinematography, whether or not accompanied by a soundtrack

 

collective work

- (a)and encyclopedia, dictionary, yearbook ,or similar work ( b) newspaper, review, magazine, or similar periodical and (c) any work written in distinct parts by diferent authors, or in which works or parts of works of different authors are incorporated

 

dramatic work

- Includes(a) any piece for recitation, choreographic work or mime, the scenic arrangement or an acting form of which is fixed in writting or otherwise, (b) any cinematographic work, and (c) any compilation of dramatic works

 

engravings

- includes etchings, lithographs, woodcuts, prints, and other similar works, not being photographs

 

lecture

- includes address, speech and sermon

 

literary works

- includes tables, computer programs, and compilations of literary works

 

musical work

- any work of music or musical composition, with or without words and includes any compilation thereof

 

literary works

- includes tables, computer programs, and compilations of literary works

 

performance

any acoustic or visual representation of a work, performer's performance, sound recording or communication signal, including representation made by means of any mechanical instrument, radio receiving set, or television receiving set

 

photograph

- includes photo-lithograph, and any work expressed by any process analogous to photography

 

literary works

- includes tables, computer programs, and compilations of literary works

 

sculpture

- includes a cast or model

 

What are the criteria that make a work copyrightable in Canada?

1. It must be original
2. It must be in some fixed or tangible form
3. It must fall under one of the four main groupings of works outlined in the Copyright Act
4. There must be a connection between the creator of the work and Canada

What does it mean that the work needs to be original?
Original does not just mean unique or one of a kind. It means particular to the creator or author of the work. So for a photo of the Eiffel Tower to be original, it doesn’t have to be the only photo of the Eiffel Tower, or different from everyone else’s but it has to be your photo of it. That means you have to take it: you can’t photograph or digitally scan someone else’s image and call it your own. Lots of people will have the same idea -- to take a photo of the Eiffel Tower, for example -- but each will express it differently, and each of those photos can be copyrighted.

Does copyright work the same way everywhere?
Every country has its own copyright act. There are subtle differences between countries, including in the length of the term of copyright.