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Copyright Tutorial for FCAD Students

Copyright & Your Creative Works

This section provides an overview of your rights as a creator and copyright considerations when creating original works.

Who owns the copyright to a work?

Creators are typically the first owners of copyright but there may be cases when rights are transferred to other groups. For example: 

  • Creators can choose to transfer all or a portion of the copyright to another person or group, such as clients. When transferring rights, creators can opt to keep certain rights. For example, a creator may decide to retain the right to be able to copy and post their work to their website. 
  • Creators can license their works to other groups. Under a license, creators can define how they want their work to be used. For example, they can state if their work can be used for commercial purposes, or if it can be modified.
  • Creators may choose to give up their copyright and release the work into the public domain.
  • Employers generally hold copyright to works created by employees.

 

What about works created collaboratively by a group?

When two or more creators collaborate in producing a work together, it is generally considered a joint authorship. This means that the creators hold the copyright to the work unless there's an agreement that says otherwise. As co-creators, they jointly determine how their work is used. For example, a co-author of a novel needs the permission of the other co-authors to license their work to a publisher. 

Economic and Moral Rights
 

Icons and graphics from Canva

Considerations When Creating Works Within and Outside of Your Program

Here are some things to consider when creating works:

Works created for a course

Students hold copyright to their coursework. Faculty and others wishing to use student work must first get permission from the student.

Works created under employment

In most cases, unless there’s an agreement between employer and employee, the employer becomes the first owner of copyright.

Works created as a freelancer

The creator owns the copyright to their work unless there is a contract that transfers copyright to the client. The creator may opt to license full or limited rights to their client.

Works created on commission

The person who commissioned the work is generally the copyright owner unless the agreement says otherwise.

Copyright Collectives

Creators have the option to join collective societies which are organizations that administer the rights of several copyright owners. Copyright collectives can grant permissions and usage conditions for the works created by their members. Membership to collectives often involves an annual fee. There are many different types of copyright collectives in Canada including those which manage music performance rights and art reproduction rights (Copyright Board of Canada).

Examples: 

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