How does the Canadian Copyright Registration Protect Songwriters?

Question

Unlike the U.S. Copyright Office, the Copyright Board of Canada neither asks for nor accepts a copy of the work being registered. All they require is a one-page registration form along with the fee. The registration form only asks what kind of a work you are registering (a book, a song, etc.) and its title. After the board processes the application, they send a certificate of copyright registration and that's it.

My question is: How will this certificate protect me if the Copyright Board of Canada does not have a copy of my work?

This question is not concerned with whether the copyright offices will be policing plagiarism. They definitely will not.

What's being asked is: If the copyright office does not have a copy of the work (be it a song or a book), then how will I be able to prove that I am in fact the real writer/composer given that someone stole my work and I had to take my case to the court?

Answer 1

Check My Sources

1. The Copyright Act defines a musical work as any work of music or musical composition with or without words and includes compilations thereof. Lyrics without music are protected by copyright as a literary work.

To put it simply, a copyright is necessary to protect our interest in our intellectual property such as our song compositions, lyrics, poems or other work. The Copyright Act prohibits others from copying your work without your permission. You can purchase a copy of the Act and Regulations here or in any federal government bookstore. In Canada, you do not have to register your copyright to benefit from the protection provided under the Act, but when you register your work(s), you receive a certificate from the Copyright Office which can help you if your work is used unlawfully.


A copyright, which automatically exists upon creation of a work in Canada, consists of several different rights.
According to the Canadian Copyright Act a songwriter has the following rights:
1. The right to produce or copy a musical work (like sheet music).
2. The right to reproduce the musical work, including mechanical rights (like cd, cassette and other digital audio reproductions) and synchronization rights (like music in films, videos, and multimedia productions etc.).
3. The performing rights, which are the rights to perform a work in public (like a live concert, a recording or any other type of public performance) and the right to broadcast to the public.. (SOCAN, The Society of Composers, Authors and Music Publishers of Canada administers performing rights in Canada). Note that in the U.S. performance rights organisations such as BMI and ASCAP may be consulted. The performing right gives copyright owners of musical works (composers, songwriters, lyricists) the sole right to perform in public or communicate by telecommunication (broadcast on television or radio) their works. Only they can assign their performing rights to authorize others to do so; in return for payment, SOCAN administers these performing rights in musical works on behalf of its members. Purchasing a CD or other recording only gives one the right to listen to it in private. Playing a CD for public use is subject to copyright law and hence subject to SOCAN licensing.

In Canada, it is not theoretically necessary to affix a notice of copyright to your work, but, you must mark your work with a small "©", the name of the copyright owner, and the year of first publication to be protected in some other countries. Even though it is not always required, copyright marking is useful because it reminds everyone that the work is protected by copyright.
The Copywrite in Canada is valid in many other countries as well, as long as the country belongs to one or more of the international copyright treaties, conventions or organizations. These include the Berne Copyright Convention, the Universal Copyright Convention, the Rome Convention, and the World Trade Organization (WTO).

Answer 2

Neither the US or Canada has a copyright police force. You are on your own for the most part to bring suit against infringers. The only exception is the Customs people will help if you complain about illegal imports of bootleg or pirate copies.

The registration is essential because it will establish "standing" in a court action, so it is needed for you to persue infringers in court. Non-US citizens are allowed to register their works in the US if they chose. You are welcome to do that, and it may be beneficial in gaining access to the US courts.

The reason the US collects specimens is not for use in legal actions, but to populate the Library of Congress with free books and records. The US copyright office is a part of the Library of Congress.