A topic that is not generally understood by many people, photographers included, is copyright law.  While I am no expert, by any means, I want to take the time to pass along the information I have been able to gleen through the years, specifically as it pertains to Canadian copyright.

Canadian copyright law is governed by the Copyright Act.  This Act protects many types of items such as original literary, artistic, and musical works.  A few specific examples would be items such as books, magazines, paintings, engravings, films, and photographs.  One specific right that a copyright holder is entitled to is the right to exclusively reproduce the work.  Meaning, no one else but the copyright holder can legally make more copies.

In Canada, registration of copyright is not required, however, it is recommended and provides additional benefits to the copyright owner that you may not receive if not registered.  Copyright can be registered at the Canadian Copyright Office located in Ottawa.

Copyright automatically comes into existence at the time the work is created, and for most things it continues on until the end of the calendar year in which the author of the work dies.  However, photographs are different.  They are protected by copyright from the time they are taken until the end of that calendar year and then for an additional 50 years.  So, unlike other works, the copyright of a photograph is not linked to the date of the photographer’s death.

Additionally, wherever a copyright exists, it should be marked and shown with the copyright symbol followed by the name of the owner of the copyright and then the year it was created (in the case of a photograph).

Finally, it is possible to assign or license the copyright of a photograph to others.  This, however, must be done in writing in order to be valid.  It is extremely important to note that the physical possession of a photograph does not necessarily mean that the copyright has been assigned or licensed to you.  This seems to be an area of confusion with many people.

Hopefully, this has helped to clear up any questions you may have had about this very important subject.  You can view all of D-Roc Photography and Design’s copyrighted images in our shop.   Take a look now.