Legal Studies 3050

Section 1: Starting a Small Business

Copyrights

All original literary, artistic, dramatic, and musical works are automatically protected by copyright. Originally, copyright was closely associated with the protection of written works, but this has now been expanded to recognize other creative endeavours. Today, copyright protection applies to a vast array of materials, including books, drawings, soundtracks, television programs, paintings, CDs, and computer programs. The mere act of producing any of these provides the owner with distinctive rights. These rights entitle the owner to produce or reproduce the work or allow someone else to do so.

Generally, copyright belongs to the work's creator. However, if the work is created in the course of employment, the employer is the copyright owner. When a work has been commissioned , such as in the case of a portrait, a photograph, or a musical composition, the person who requested the work is considered the owner.

Owners have the right to assign the work, or parts of it, to another party. However, even if the patent owner assigns their rights, they still retain what is referred to as moral rights over the work. These rights are outlined in the Copyright Act. Foremost among these is the creator's right to prevent if from being mutilated or distorted.

Although copyright protection is automatic, it is advisable to nonetheless register a copyright. Registration provides the owner with a government-issued certificate stating they are the owner. Should a dispute arise, it can be used to establish ownership. Generally, a copyright is protected for the owner's life through to the end of the year of their death and a period of 50 years thereafter. In this manner, the owner's family or designated beneficiary can continue to reap the financial rewards accruing from the work.

Industrial Design

Industrial design is another type of intellectual property that the owners can register and protect in accordance to the Industrial Design Act. Under this legislation, an industrial design pertains to "the visual features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye." This definition excludes characteristics that serve a purely practical function. For example, the shape of a bottle, like those used for beverages and designer fragrances, can be registered as an industrial design because its distinctiveness is simply ornamental in nature.

Unlike a copyright, an industrial design must be registered for it to be protected under the law. A registered design provides the owner with exclusive rights for ten years. As with other types of intellectual property, industrial designs become a matter of public record upon registration.

Applying an industrial design to articles is an effective means of advertising. Using our example, the Twin Peaks' trademark can be applied to the tin coffee mugs used around the campfire and sold as souvenirs in the gift store. Nancy and Steve could also apply their trademark to cowboy hats, bandanas, belt buckles, calendars, and postcards. The possibilities are limited only by the owners' imaginations.

Sometimes industrial designs are an integral part of a business. For example, Royal Albert's distinctive china patterns and trademarks are important to the company's well-being. Firms engaged in designing wallpaper patterns and linens are two other examples of businesses that need to protect their designs.

An artistic piece of work can also be registered as an industrial design if the object becomes mass-produced or part of a limited edition. Examples would be the special commemorative products made and distributed by the Royal Canadian Mint and the Canadian Postal Service.