Re: Canadian Works for Hire

Chuck Meyer <chuck_meyer[_at_]juno.com> wrote:
>
> I apologize if this has been addressed before, but does anyone know
> if there is any doctrine in Canada that is equivalent to our works
> for hire doctrine. Up to this point, I have treated Canadian
> employee works as belonging to the corporation and Canadian
> contractor works as belonging to the contractor in the absence of
> an assignment to the corporation. How far off the mark am I?

You are right on the mark. The concept of "works for hire" is much more restricted in Canada than it is in the USA. Essentially in Canada the concept of "works for hire" (excluding legislated exceptions such as photographs, etc.) is restricted to the works of employees. This means that it is necessary to delve into provincial and federal law in order to determine who is and who is not an employee; sometimes not the easiest of propositions. What you are doing now is the safest course. Unless someone is an employee whose job includes the creation of copyrightable works for his employer it is best to get an assignment for the corporation.

Emil Pellicer
<epellicer[_at_]colby-monet.com> Received on Mon Apr 07 1997 - 14:55:02 GMT