Title: Section 13: Ownership of Copyright

Learning objectives for this module
- 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 C.P.R. (2d) 158 at 161–62 (Fed. T.D.);
- Stephenson Jordan & Harrison Ltd. v. MacDonald & Evans, [1952] 1 T.L.R. 101 (C.A.);
- Community for Creative Nonviolence v. Reid, 490 U.S. 730 (1989);
- Techform Products Ltd. v. Wolda (2000), 5 C.P.R. (4th) 25 (Ont. S.C.J.), rev’d on other grounds (2000), 15 C.P.R. (4th) 44 (Ont. C.A.)

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

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

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)
- Unless the employee purchases the copyright
- Unless the employee is casual staff
- Unless the employer says differently

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

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

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

Q: In Hawley v. Canada, the court decided the copyright was owned by the Crown because:
- The work was produced during his work hours instead of his leisure hours (correct)
- The warden wanted the painting
- His $6/day pay had been fair compensation
- Inmates have no leisure time so all work produced is owned by the Crown

CARL link

Do you work at a university and want more context? Check out the Canadian Association of Research Libraries’ OER Module "The Balancing Act: What Rights Do Copyright Owners Have?" https://www.carl-abrc.ca/influencing-policy/copyright/opencopyrightcourse/module-4/

Choose the correct statement.

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