Title: Section 13: Ownership of Copyright

*Updated: April 2024
Learning Objectives:

- Understand how section 13 of Canada's Copyright Act governs the ownership of copyright for works created in the scope of employment
- Recognize certain employment situations where ownership of copyright may be unclear
- Describe the importance of having copyright ownership covered in contracts or collective agreements

Read about other cases related to copyright ownership
David Vaver lists cases that address ownership issues related to both copyright and labour law in Footnote 377 of Intellectual Property Law: Copyright, Patents, Trade-marks. 2nd ed. Toronto: Irwin Law, 2011:

- Goldner v. Canadian Broadcasting Corp. (1972), 7 CPR (2d) 158 at 161–62 (Fed. TD)
- Stephenson Jordan & Harrison Ltd. v. MacDonald & Evans, [1952] 1 TLR 101 (C.A.)
- Community for Creative Nonviolence v. Reid, 490 U.S. 730 (1989)
- Techform Products Ltd. v. Wolda (2000), 5 CPR (4th) 25 (Ont. SCJ), rev’d on other grounds (2000), 15 CPR (4th) 44 (Ont. C.A.)

Read about Mount Whymper's exhibition
In 2018, John Hawley's painting, Mount Whymper, was exhibited by Montreal's Centre Vox as part of an installation called Agency. Info and photos are available here.

According to Section 13, who is the first owner of the copyright for a work created?

Q: According to Section 13, who is the first owner of the copyright for a work created?
- It is generally the author of the work, though there are some important exceptions (correct)
- It is the person who purchases the work
- It immediately enters the public domain
- It is generally the employer of the author of the work, though there are some important exceptions

Section 13(3) explicitly states that the employer owns the copyright for works produced by someone who is employed under contract or apprenticeship, and where those works are made in the course of employment…

Q: Section 13(3) explicitly states that the employer owns the copyright for works produced by someone who is employed under contract or apprenticeship, and where those works are made in the course of employment unless:
- There is an agreement to the contrary (correct)
- The employee purchases the copyright
- The employee is casual staff
- The employer says differently

You definitely own the copyright of the novel you wrote even if you used your employer’s computer.

Q: You definitely own the copyright of the novel you wrote even if you used your employer’s computer.
A: false

It is typical for all staff at an academic institution to own the copyright on the works they create.

Q: It is typical for all staff at an academic institution to own the copyright on the works they create.
A: false

It is important to read and ensure that you understand any collective agreement or contract that you sign.

Q: It is important to read and ensure that you understand any collective agreement or contract that you sign.
A: true

In Hawley v. Canada, the court decided the copyright was owned by the Crown because:

Q: In Hawley v. Canada, the court decided the copyright was owned by the Crown because:
- The painting was produced during work hours, not leisure hours (correct)
- The warden wanted the painting
- Compensation of $6/day for inmates was considered fair
- Inmates have no leisure time so all work produced is owned by the Crown

Choose the correct statement.

Credits: Section 13: Ownership of Copyright; by University of Alberta; 2019; licence CC BY 4.0