127 Data Sharing and Usage | Intellectual Property Rights and Use Considerations related to data

Copyright

Please watch this video, created by the Canadian Intellectual Property Office related to copyright.

Components needed for Copyright

Originality in Canadian copyright law has three main components:

  1.   To be original, a work must not be a mere copy of another work.
  2.   It must also be the product of an exercise of skill and judgment.
  3.   Implicit in the skill and judgment requirement is the further requirement that there be a human author.

Rights

Copyright is the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. The creator is usually the copyright owner. However, an employer—for example, a film studio—may have copyright in works created by employees unless there is an agreement in place stating otherwise.

(Source – CIPO website)

Key Considerations

  • Original work is automatically protected by copyright the moment it is created.
  • A creator can register a copyrighted work with the Canadian Intellectual Property Office. A certificate is issued that may be used as evidence of copyright ownership.
  • Copyright protection exists in Canada for the life of the creator plus 50 years following the creator’s death.

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