CANADA Law and Practice Contributed by: Casey Chisick, Steven Kennedy, Karen MacDonald, Jessica Zagar, Dian Howard and Steven Henderson, Cassels Brock & Blackwell LLP
• produce, reproduce, perform, or publish any translation of the work; • in the case of a literary, dramatic, or musical work, make any sound recording, cinemato - graph film, or other contrivance by means of which the work may be mechanically repro - duced or performed; • reproduce, adapt, and publicly present the work as a cinematographic work; • communicate the work to the public by tel - ecommunication, which includes the right to make it available to the public by telecommu - nication on an on-demand basis; • in the case of a musical work, rent out a sound recording in which the work is embod - ied; or • in the case of a work that is in the form of a tangible object, sell or otherwise transfer ownership of the tangible object if that own - ership has never previously been transferred with the authorisation of the copyright owner. The author of a work also holds moral rights, including the right to the integrity of the work and the right, where reasonable in the circum - stances, to be associated with the work as its author by name or under a pseudonym or to remain anonymous. 3.5 Term of Protection and Termination Generally, the term of copyright in a work is the life of the author plus 70 years after the end of the year they die. Before 30 December 2022, the term was the life of the author plus 50 years. When the term expires, the work falls into the public domain. The term of copyright is different in certain cas - es, including: • Crown copyright; • works of joint authorship;
• works where the identity of the author is unknown; • posthumous works; and • subject-matter other than works such as performer’s performances, communication signals, and sound recordings. 3.6 Collective Rights Management Systems Canada has various collective societies that manage rights in various types of works and subject matter. That includes, among other things, the reproduction and public performance of musical compositions, sound recordings, and performers’ performances, as well as various rights in literary and artistic works. The powers and affairs of collective societies are governed by the Copyright Act and regulated by the Copyright Board of Canada. Generally, a collective society may enter into agreements or file proposed tariffs with the Copyright Board to set royalties for the rights that it administers. 3.7 Copyright Registration Copyright protection arises automatically upon the creation of an eligible work or other subject matter. There is no requirement to register the copyright to obtain the protections afforded under the Copyright Act. However, there are benefits to registration. See 8.2 Effect of Reg - istration . An application to register copyright may be made by or on behalf of the copyright owner (whether the first owner or an assignee) or a per - son to whom an interest in the copyright has been granted by licence. Foreign copyright own - ers are not required to appoint or be represented by an attorney to apply for registration.
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