Authorship

The creator of a work (e.g. writer, artist, composer or playwright) is usually considered its author. If the work was created by an employee, the employee is considered the author, even though the employer may own the copyright.

Duration of copyright is usually based on an author’s lifetime, that is, for the life of the author, the remainder of the calendar year in which the author dies and a period of 50 years following the end of that calendar year. If applying for registration of copyright, it is important that the author’s name be given in the relevant section of the copyright application form. If there are two authors of the same work, the names and addresses of both are required. If there are many contributing authors, all their names and addresses should be given. However, if the work was created by many people under the direction of an editor-in-chief, that person’s name may be given as the author. For all works normally protected for the life of the author plus 50 years, the author must be an individual as opposed to a corporation.

However, for five types of works i.e. photographs, certain cinematographic works, sound recordings, performer’s performances and communication signals, different rules are provided for authorship. For these 5 types of works, the author may be either an individual or a corporation.

The author of a photograph is the person who owned the initial negative or initial photograph (if there was no negative, as in Polaroid or electronic photography) at the time it was made. For cinematographic works made prior to January 1, 1994, there is no special rule and the author is simply the person who created the work. The author of a cinematographic work made after January 1, 1994 is the person by whom the arrangements necessary for the making of the cinematographic work were undertaken.

For sound recordings made prior to January 1, 1994, the author is the person who owned the master or original recording at the time it was made. The author of a sound recording made on or after January 1, 1994 is the person by whom the arrangements necessary for the making of the sound recording were undertaken.

For performer’s performances made after January 1, 1994 there is no special rule defining who is the author. The author is simply the person who created the work.

For communication signals made on or after September 1, 1997, there is no special rule and the author is simply the broadcaster who broadcasts the work.

When deciding who the author of a work is, the rule which applied at the time the work was created must be used regardless of when the work is registered.

Some authors prefer to use noms de plume, or pen names, rather than their real names, on their published works. Pen names may be included on the application for registration, but the author’s full legal name is required. The latter is required in order to assist in the calculation of the duration of the rights which are based on the lifetime of the author.

This information is to be considered solely as a guide and should not be quoted as, or considered to be, a legal authority. It may become obsolete without notice. Authority must be found in the Copyright Act, the Copyright Regulations and in the decisions of the Courts interpreting them.