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Authorship and ownership in copyright law in Canada
Authorship and ownership in copyright law in Canada is an important and complex topic which lies at the nexus between Canada's Copyright Act,〔Copyright Act, RS 1985, c C-42〕 an important body of case law, and a number of compelling policy motives. Analysis of Authorship and ownership of copyrightable works in Canada can proceed by examination of the rules determining the initial allocation of copyrights, rules governing subsequent changes in ownership, and finally rules governing complex works such as compilations.
==Rules determining initial allocation of copyrights==
Canadian copyright law sets out rules which determine who is to be the first owner of the copyright for a new copyrightable work. The rules cover different groups of people such as the authors of the work, employees who create works in the course of their employment, independent contractors who create works under contracts for services, and academics. It is helpful to think of the rules which set out in initial allocation of copyright as 'default' rules because the whole or a portion of the 'ownership' of the copyright may always be transferred to a different person in a contract of sale. This article will address the transfer of 'ownership' in greater detail in section two.
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