Do I need to register copyright in Canada?
Written by For Founders Law, a Toronto firm licensed by the Law Society of Ontario. About us
Short answer
No. Copyright in an original work, including code, writing, photos, videos, music and designs, exists automatically in Canada once it's created. Registration with the Canadian Intellectual Property Office is optional, but a certificate is evidence that copyright exists and that the registered owner owns it, and registration can affect the remedies available against an infringer. CIPO's fee for an online application is $63.
Founders often ask how to “copyright” their app or content. In Canada, you already have copyright in original work you create. The real questions are who owns it and whether registration adds anything.
What does copyright protect?
Original literary, dramatic, musical and artistic works under section 5 of the Copyright Act. Software code is protected as a literary work. Copyright protects the expression, not the idea: a competitor can build a similar feature without copying your code. Names, slogans and logos as brands are trademark questions. See how to register a trademark.
What does registration add?
| Benefit | Source |
|---|---|
| A certificate is evidence that copyright exists and that the person registered is the owner | s. 53 |
| If the work is registered, an infringer can’t rely on the defence that it didn’t know and had no reasonable ground to suspect copyright existed, which would otherwise limit you to an injunction | s. 39 |
| A public record of the claim, sometimes useful with platforms and licensees | CIPO register |
CIPO doesn’t examine whether the work is original or check who really owns it. A certificate is evidence, not proof that can’t be challenged.
What does it cost?
CIPO’s fee page lists $63 for an application filed online, or $81 otherwise. No fees are needed to maintain a registration. Fees can change, so check before filing.
When is registration worth it?
- A key creative asset you expect to license, such as a course, a photo library, a character or a design.
- Content you expect others to copy, where you may need to enforce quickly.
- Before a dispute, if you want the evidentiary benefit.
For a codebase that changes daily, registration of each version is rarely practical. Ownership documents matter more.
Does registration prove my company owns the code?
No. Ownership depends on who created it and what they signed. The author is generally the first owner, and employees’ work in the course of employment generally belongs to the employer; contractors keep copyright unless they assign it in writing. See does my company own what its employees create, who owns code a contractor writes and our free who owns your code check.
Do I need the © symbol?
It isn’t required in Canada. A notice can still help show that people were aware of your copyright.
What to do next
We prepare contractor agreements with IP assignments, founder IP assignments and content licensing agreements, at fixed fees on our fees page.
This guide is general information about Canadian law, not legal advice for your situation. To talk through your IP, book a free 15-minute consult.