Below is a step-by-step outline concerning copyright registration in Canada and the United States.

Consult cipo.gc.ca for the appropriate forms: either Unpublished Works or Published Works.


Decide whether to use an Unpublished Works form or a Published Works form. Note that publication under the Copyright Act means "the issue of copies to the public". This would appear to mean tangible copies.


Fill in the form. Note that it is a title only, voluntary,, registration system, and requires the signature of the copyright proprietor and indicates the name of the authors, etc.


Pay payment of the government fee (currently $65.00) to be sent to the following address:

Copyright Office
Canadian Intellectual Property Office
Industry Canada
Place du Portage |
50 Victoria Street
Gatineau, QC  K1A 0C9
If there is a deficiency in the completion of the form, a deficiency notice will be sent. Personal cheques or money orders can be sent. Cheques do not have to be certified. Cheques are made payable to the "Receiver General of Canada".

Registration takes approximately 2 months.

U.S. COPYRIGHT REGISTRATION

Acquire the appropriate form from the Library of Congress in Washington, D.C. for the appropriate form:

Registrar of Copyrights Library of Congress Washington, D.C. 20559

Form TX:

For published and unpublished non-dramatic literary works

Form SE:

For registration of each individual use of a serial

Form PA:

For published and unpublished works of the performing arts (musical and dramatic works, pantomimes and choreographic works, motion pictures, and other audio-visual works)

Form VA:

For published and unpublished works of the visual arts (pictorial, graphic, and sculptural works)

Form SR:

For published and unpublished sound recordings

Form RE:

For claims to renewal copyright in works copyrighted under the law in effect through December 31, 1977 (1909 Copyright Act)

Form CA:

For supplementary registration to correct or amplify information given in the copyright record of an earlier registration

Form GR/CP:

An adjunct application to be used for registration of a group of contributions to periodicals

Fill out the appropriate form. Note that this is a more complicated form but is still essentially a title only, voluntary registration system.


The cost is $45.00 U.S. per title, although a collective work can be registered with a continuation form for a fee. For example, the titles on an album can be cross-referenced.


Deposit of a copy of the work is required within three (3) months of filing of the application, although consider the advisability or registering and depositing simultaneously.

OTHER REGISTRATION SYSTEMS
Although other registration systems will not result in the same rights as one would have registering pursuant to a copyright registration system, there are a number of other systems, for example, the Writers Guild in the U.S. for screenwriters which should be considered. Upon registering a work with such association or guild a valid business record is created which can assist the creator in proving copyright ownership. The Songwriters’ Association Canada also maintains a similar system. It is advisable to consider availing oneself of such systems when available.

CONCLUSION
Although it is not mandatory to register in order to acquire copyright in Canada or the U.S., there are technical legal reasons why you would want to register your copyright. You should consult professional skilled legal advice concerning the advisability of copyright registration in each specific circumstance.


PAUL SANDERSON
Barrister & Solicitor, Canadian Trade-mark Agent
If you wish to retain our services, a monetary retainer is generally required before commencing work on your behalf, which is paid into our trust account. Cheques are drawn on the retainer to pay out-of-pocket expenses made on your behalf and it is applied to legal fees and disbursement incurred on your behalf. You are entitled to an estimate of what such legal services and disbursements will cost and how long they will take. This is often done in the initial consultation.

On matters that take longer than one month to complete, you are entitled to be advised of the progress concerning your matter and you may be billed on an interim basis, for example, monthly. On other matters, you will be asked to come in and pick up the documentation and pay the balance owing at the same time.

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