Copyright

You do great work. Let's make it yours.

Lomic Law's experienced copyright lawyers in Toronto are here to help you register and protect your work. We work with clients across Canada and throughout with world. Our copyright clients include individuals, local SMBs and international corporations in various industries, including, technology, architecture, music, art and design etc.  

 

With over 20+ years of combined litigation experience our copyright lawyers have the know-how to defend and protect your intellectual property. We can assist with all areas of copyright law from copyright registration to litigation and we will walk you through the process every step of the way. Lomic Law’s copyright lawyers have had significant success in defending individuals and companies from false allegations of copyright infringement.  Past results are not necessarily indicative of future results which is why the experience of Lomic Law’s copyright lawyers is so important.

What is copyright?


Copyright is the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. You have copyright protection as soon as your original idea is fixed onto a tangible medium (e.g. paint on a canvas, ink on paper, an electronic document etc.). For example, literary works include such diverse works such as novels, the descriptive text on your website and the code for computer programs. Artistic works include paintings, digital art and logos and the layout of a website.




What are moral rights?


Moral rights are the right of integrity and attribution associated with a work that belongs to the author of the work. In Canada, moral rights can only be waived by an author and cannot be assigned. Even if you own the copyright in a work, you may not be able to alter or change the work unless you have a waiver for moral rights.




My company paid someone to create a logo or work, does my company automatically own the work?


If you hire and pay someone to create something for you, unless otherwise stipulated, you do not automatically own the copyright. For example, if you hire an independent contractor to create a logo, unless there is a formal copyright assignment in writing your company will not own the copyright in the logo. We have strategies to help ensure your company owns its copyrights and other intellectual property. For more information, CONTACT US for a complementary consultation.




Do I have to register my copyright?


Although it is not necessary to register your copyright in Canada to enforce your rights in your work, registering your copyright has many benefits that assist with enforcing your copyright against infringers. A copyright registration provides evidence and a rebuttable presumption that copyright subsists in a work. Generally, copyright lasts the life of the author of the work plus 50 years after the death of the author. Prior to registering your copyright, ensure that you actually own the copyright to the work (please see above).




I have received a letter and statement of claim for downloading a movie with file sharing software (e.g. BitTorrent or other software), do I need to take this seriously?


Yes! Once a lawsuit has been commenced against you, even if it is part of a lawsuit where you are just one of hundreds of defendants, you need to take immediate steps to protect your rights. If the matter is not settled, you run the risk of a judgment in your absence (default judgement). We have successfully resolved many cases that involve alleged downloading of movies using file sharing software, including dismissing the case on a with prejudice and without costs basis.




Someone is infringing my copyright, what can I do?


If you suspect that someone or an entity is infringing upon your copyright, or violating your moral rights as an author, please CONTACT US to discuss your options on how to enforce your rights in Canada or on social media. It is important to obtain legal advice as soon as possible as there may be limitation periods that may prevent you from being successful on an otherwise strong claim.




I have been sued for copyright infringement, now what?


Once a lawsuit has been commenced against you, it is important to file a defence prior to the deadline to avoid a judgment in your absence (default judgement). Lomic Law has successfully defended several clients that have been sued for copyright infringement with favourable outcomes to our clients. Please CONTACT US for a complimentary consultation to discuss the lawsuit you are involved in and how we can be of assistance.





Lomic Law

1 First Canadian Place
100 King Street West, Suite 5700
Toronto, ON M5X 1C7

© 2020 Lomic Law

Contact

416-352-5154

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