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:
A brief introduction to copyright law
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)
A brief introduction to copyright law
A copyright is made up of a variety of different rights, and the performing rights that SOCAN administers is one part of that copyright.
The Canadian Copyright Act recognizes three main rights:
SOCAN deals with only performing rights. All other rights are handled by the copyright owners or by other organizations.
The performing right gives copyright owners of musical works (lyricists, composers, songwriters) the sole right to perform, or authorize the performance in public (in concert or in a club, etc.) of their works or communicate their works by telecommunication to the public (broadcast on television or radio). In return for paying their royalties, SOCAN administers these performing rights in musical works on behalf of its members.
Buying a CD or other recording only gives you the right to listen to it in private. The public performance of these musical works is subject to copyright law and therefore requires a SOCAN licence.
General Copyright Information
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.
Copyright around the world
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.
Copyright and Publishers
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.
Performing 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.
Computers and the Internet
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.
