Copyright is the exclusive right to produce, reproduce, perform or publish a work. In Canada, copyright exists automatically in an original work as soon as the work is created, without any registration required.

Under international agreement, copyright in literary works lasts for the author's lifetime, plus at least 50 years. Copyright is considered "intellectual property" and can be bought, sold, assigned, even included as a part of a will to be passed on to heirs.

Who owns copyright to work written by freelancers?

The freelancer owns the copyright to all his/her work unless the copyright to the work is "assigned" to someone else by written agreement. Canadian law holds that in the absence of a signed agreement to the contrary, the only right being licensed to someone purchasing a work from a freelancer is "first Canadian rights." This means simply that the purchaser is licensing the right to publish the work once in Canada in print form.

It is important to note that all electronic media use of a freelancer's work requires specific contractual agreements between the freelancer and the purchaser. Electronic uses of freelance work are not covered under the standard assignment of rights contained in the "first Canadian rights" convention that generally governs work acquired without a written agreement. Any written agreement should clearly delineate what rights are or are not being licensed to the client by the freelancer.