Copyright is the principal means of preventing others from copying and selling software as well as literary, dramatic, musical or artistic works. Copyright subsists automatically with the author of an original work or the author's employer. It does not protect ideas, or systems but only their expression as embodied in the program, either in its high level source code form or in compiled object code. Copyright protection exists for 50 years after the end of the year in which the author dies and provides the owner of the copyright with the exclusive right to copy the software, and the right to prevent others from copying it.
Where software is writtten by an employee, the employer will in the absence of a contrary agreement be the first owner of the software. In the case of independent contractors, however, the contractor will usually own the copyright. If you are purchasing custom software from an independent contractor, and want to own the copyright, you should obtain a written agreement assigning copyright to you. It is essential that this assignment be in writing and signed by the author. Verbal agreements are not valid to assign an interest in copyright.
Although copyright arises automatically from the authorship of the software, a registration of copyright can be obtained and is highly recommended. The registration of copyright provides additional evidence that copyright subsists in the work and prevents infringers from claiming that they did not know of the copyright, which is a defence against damages for illegal copying. Application forms are available from your local office of Corporate and Consumer Affairs Canada.
There is no requirement for formal notice of copyright in Canada, but it is recommended that the work be marked with the © symbol along with the name of the copyright owner and the year of first publication. This marking is required where the software is being sold in some foreign countries under the Universal Copyright Convention. Marking is also useful in Canada to provide notice to the public that you have copyright in the software.
For more information about copyright protection for your work, contact Bryan Dale