Dareechah-e-Nigaarish

Pakistani Authors may Register a Copyright for their Urdu eBooks via the Canadian Intellectual Property Office web site online

You can register your copyright for your Urdu ebook by clicking on the link embedded here.

The Basics

Purpose of this guide:  This guide explores what copyright is, the benefits of registration and the registration process.

For more detailed information on copyright procedures, consult the Copyright Act and Copyright Regulations, available online at (www.cipo.ic.gc.ca/copyrights).

The Canadian Intellectual Property Office or CIPO Client Service Centre can also provide further information.

The glossary gives definitions of terms used in this guide.

Who we are: The Copyright Office is responsible for registering copyrights in Canada, and is part of the Copyright and Industrial Design Branch of CIPO, an agency of Industry Canada. In addition to copyrights, CIPO is responsible for most other intellectual property (IP) rights including patents, trade-marks, industrial designs and integrated circuit topographies.

The main functions of the Copyright Office are to:

• receive and process applications for copyright registration and to register them for qualifying applicants;

• maintain the Register of Copyrights; and

• receive and register grants of interest.

Contact us: CIPO's Client Service Centre (CSC) is the central point of contact for clients wishing to communicate with CIPO. The CSC supplies information on registering a copyright for your literary work.

Visit the "Copyrights" section of the website for the following:

• instructions on getting started;

• access to the Canadian Copyrights Database to search, retrieve, and study;

• legislation, including the Copyright Act and Copyright Regulations; and

• online and printable forms, including the application for registration.

What to consider before filing an application

The Copyright Office will give you the basic information you need to file your own application for copyright registration; however, the Office cannot prepare your application, interpret the Copyright Act for you or counsel you in any matters other than registration or the use of Office records. For legal advice, you should consult a legal professional specializing in intellectual property.

Searching

The records of the Copyright Office may be searched for information such as copyright owners' names and changes to ownership. The Canadian Copyrights Database on the CIPO website (www.cipo.ic.gc.ca) will allow you to search all of the Canadian copyrights registered as of October 1991, free of charge.

Searches can be conducted using author name, category, country of publication, owner/assignee name, registration number, title, type, and year of publication.

What is a copyright?

In the simplest terms, "copyright" means "the right to copy." In general, copyright means the sole right to produce or reproduce a work (or a substantial part of it) in any form. It includes the right to perform the work or any substantial part of it, or in the case of a lecture, to deliver it. If the work is unpublished, it includes the right to publish it or any substantial part of it.

Copyright means the sole right to produce or reproduce a work (or a substantial part of it) in any form.

What can you copyright?

Copyright applies to all original literary, dramatic, musical and artistic works. Each of these general categories covers a wide range of creations, including:

• literary works: books, pamphlets, poems, other works consisting of text and computer programs;

• dramatic works: films, videos/DVDs, plays, screenplays and scripts;

• musical works: compositions that consist of both words and music, or music only (note that lyrics without music fall into the literary works category); and

• artistic works: paintings, drawings, maps, photographs, sculptures and architectural works.
  

Who can apply for registration?

Automatic protection for Canadian and foreign works

When you create a work or other subject matter protected by copyright, you will automatically have copyright protection provided that, at the time of creation, you were:

• a Canadian citizen or a person ordinarily resident in Canada;

• a citizen or subject of, or a person ordinarily residing in, a Berne Convention country, a Universal Copyright Convention country, or a country that is a member of the World Trade Organization (WTO); in other words, even if you are a Pakistani citizen, you can register your Urdu eBook with the Canadian Intellectual Property Office.

How long do copyrights last?

General rule:  The general rule is that copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, and for 50 years following the end of that calendar year. Therefore, protection will expire on December 31 of the 50^th year after the author dies. After that, the work becomes part of the public domain and anyone can use it.

Preparing a copyright registration application

Note: Application forms are available on the CIPO website (www.cipo.ic.gc.ca/copyrights), at CIPO's Client Service Centre or from a regional Industry Canada office.

Application form

Do not send a copy of your work along with the application. The Copyright Office does not review or assess works in any way, nor does the Office check to see whether the title of your work has already been used. Many works may appear with the same title, but if each work has been created independently, each will have its own copyright protection.

The Copyright Office processes your application to ensure that all requirements for registration have been met, and will contact you to discuss the particulars of certain information only when it is unclear, or if the copyright cannot be registered due to missing information or fees. An application, accompanied by the appropriate fee, must be filed with the Copyright Office to proceed to registration. Details about fees are available on the CIPO website (www.cipo.ic.gc.ca/copyrights).

Owner

For registration purposes, you are required to indicate the name of the owner(s) and their mailing address(es). The owner of a copyright may be an individual or company. The owner is often the creator of the work; however, copyright in works may be assigned to a successor-in-title(i.e., a person who holds the right or an obligation derived from another, such as the author), in which case, they are the owner.

Declaration

Also required for registration is a declaration indicating that the applicant is one of the following:

• the author of the work;

• the owner of the copyright in the work;

• an assignee of the copyright; or

• a person to whom an interest in the copyright has been granted by licence.

Fees

Registration fees must be paid at the time of filing; fees include the processing of your application and any amendments, as well as the registration certificate if the application is found acceptable.

Payment may be made by credit card (VISA, MasterCard or American Express), deposit account, postal money order or cheque payable in Canadian dollars to the Receiver General for Canada. Do not add federal and provincial taxes.

Details about fees are available on the CIPO website (www.cipo.ic.gc.ca) or you may communicate with the Client Service Centre.

Note: Once you register your copyright, you do not have to pay any additional fees to maintain or renew it. If you register the copyright of an unpublished work, you do not have to register again after publication.

Submit your application

You are encouraged to send your completed application electronically (at a reduced fee) through the CIPO website (www.cipo.ic.gc.ca/copyrights).

Or you may send your completed application by mail to the address below.

Corresponding with the Copyright Office

Business with the Copyright Office is normally done in writing. Address all correspondence to:

• Copyright Office

• Canadian Intellectual Property Office

• Industry Canada

• Place du Portage I

• 50 Victoria Street,

• Room C-114

• Gatineau QC K1A 0C9

• Fax: (819) 953-CIPO (2476)

More information about CIPO's office correspondence procedures is available on the CIPO website (www.cipo.ic.gc.ca/copyrights).

If you are enquiring about the status of your pending application, provide the name of the owner(s) and the title of the work. If you have the application number, you should always make reference to it when communicating with the Copyright Office. If you hire an agent you should conduct all correspondence through that agent.

The Copyright Office will respond to all general enquiries, but cannot:

• advise you whether to file an application;

• tell you whether your copyright meets registration criteria prior to your filing an application;

• advise you about possible infringement of a copyright; or

• act in any way as an interpreter of copyright law, or as a counselor, other than in matters directly related to processing your application.

Electronic services

Our electronic service delivery allows you to:

• file a copyright application at a reduced fee;

• file a grant of interest;

• request a certificate of correction; and

• order copies.

In order to request these services online, simply visit the CIPO website (www.cipo.ic.gc.ca/copyrights), then fill out and send the appropriate form. The CIPO website also has copyright forms available for download that can be completed and sent by regular mail.

Indicating copyright

There is no requirement to mark your work under the Copyright Act; however, the Universal Copyright Convention provides for marking with the symbol ©, the name of the copyright owner and the year of first publication (for example: © Jane Doe, 1986).

Some countries that are members of the Universal Copyright Convention, but not of the Berne Convention, require such marking. Since registration with the Copyright Office does not preclude copyright ownership, you may use the symbol © even if you have not registered your work.

The Copyright Office processes your application to ensure that all requirements for registration have been met, and will contact you to discuss the particulars of certain information only when it is unclear, or if the copyright cannot be registered due to missing information or fees. An application, accompanied by the appropriate fee, must be filed with the Copyright Office to proceed to registration. Details about fees are available on the CIPO website (www.cipo.ic.gc.ca/copyrights).

Corrections to the Copyright Register

Rectification of the Copyright Register

The Federal Court of Canada may, on request by the Registrar of Copyrights or any interested person, order a rectification of the Register.

Changes of address

Changes of address are not entered in Copyright Register. If brought to the attention of the Copyright Office, it will be noted in the Office records for the convenience of persons searching the register.

Clerical errors

Under the Copyright Act, a certificate of correction may be issued in cases where a clerical error has been made in preparing an application or registration document.

If the error occurred on the part of the Copyright Office, a certificate of correction bearing the same registration number will be issued at no charge. If the error occurred on the part of the party making the application, the Office will only issue a certificate bearing the same registration number if a request is filed along with the prescribed fee. Details about fees are available on the CIPO website (www.cipo.ic.gc.ca/copyrights).

Grants of interest in copyright

Assignments and licences that are considered "grants of interest" in a copyright may be registered with the Copyright Office. As the owner of a copyright, you may confer your rights to produce or reproduce a creative work to other people through a legal agreement.

An assignment occurs when you transfer part, or all, of your rights to another party. The assignment may be for the whole term of the copyright or for a certain part of it.

A licence gives someone else permission to use your work for certain purposes and under certain conditions. You still retain ownership.

To be valid, an assignment or licence must be in writing and signed by you, the owner.

To register, a copy of the original agreement along with the prescribed fee per work affected by the transfer of interest must be filed with the Copyright Office. The Office will retain a copy of the documentation and return your original documentation along with a certificate of registration.

Additional contacts and information

Copyright Board of Canada

56 Sparks Street, Suite 800
Ottawa ON K1A 0C9

Tel.:

613-952-8621613-952-8621

Fax:

613-952-8630613-952-8630

Website:

www.cb-cda.gc.ca

• The Copyright Board of Canada is a public and regulatory body set up by the Government of Canada to manage issues related to royalties and tariffs related to the use of copyright works. The Copyright Board's mandate and responsibilities are governed by the Copyright Act. The Copyright boards can provide information related to:

  • royalties, tariffs and licensing;

  • collective and performing rights societies; and

  • unlocatable copyright owners and permission to use their works.