Copyright 101: What You Own (and When You Own It)

Written by Cassidy Peterson
JD Candidate 2026

For start-ups and new businesses, intellectual property is often one of your most valuable assets. Whether you are building software, designing a logo, producing marketing materials, or creating online content, copyright law plays a central role in protecting what you create. Understanding what rights you have and how they arise is critical to protecting and monetizing your work.
 
 
How Copyright Arises: Automatic Protection
 
In Canada, copyright is governed by the federal Copyright Act.[1] Unlike patents or trademarks, copyright protection arises automatically. This means you do not need to register your work or file an application to benefit from this protection.
 
Copyright arises as soon as a created work is original, and the work is fixed in a material form.[2]
 
The Supreme Court of Canada has deemed a work to be “original” if it involves an exercise of skill and judgment to create.[3] This means it cannot simply be copied from another source but it does not have to be novel or groundbreaking; all that is required is that the work must reflect some intellectual effort.[4]
 
Since copyright protects expression, not the ideas themselves, an idea in your head is not protected. Rather, it is protected once it is fixed in a material form:

• Written in a document
• Saved in software code
• Recorded in audio or video
• Sketched in a design file

 
If this fixation requirement is met, copyright arises immediately.
 
What Can Be Protected?
 
Copyright reflects a balance between rewarding creators and promoting public dissemination.[5] Under the Copyright Act, copyright protects “works” and certain other subject matter.
 
Works fall into four main categories:

1. Literary Works

• Software code, Website content, Blog Posts, Business plans, Databases and compilations (Computer programs are specifically included as literary works.)

2. Artistic Works

• Logos, Graphic designs, Product packaging, Photographs, Architectural drawings

3. Musical Works

• Musical compositions (with or without lyrics)

4. Dramatic Works

•  Scripts, Screenplays, Choreography, Cinematographic works (e.g., videos)[6]

 
The Act also protects specific forms of other subject matter:

• Performers’ performances
• Sound recordings
• Broadcast communication signals[7]

 
For example, if your business produces a podcast, there may be copyright in the script (literary work), copyright in the performance, and copyright in the sound recording itself.
 
What Rights Does Copyright Give You?
 
Section 3 of the Copyright Act sets out the rights available to copyright holders.[8]
 
If you own copyright in a work, you have the exclusive right to:

1. Produce or Reproduce the Work

• Including the right to make and save digital copies, print materials, and upload downloadable files

2. Perform the Work in Public

• Including public screenings, public presentations, and playing music in a commercial setting

3. Communicate the Work to the Public by Telecommunication

• Including streaming content, making works available online, and on-demand access via the internet[9]

4. Publish Unpublished Works

• If your work has never been published, you control the first publication.

5. Create Adaptations

• Transformations of your work, including: translations, converting a novel into a screenplay, turning a script into a film, and making a sound recording of a musical work

6. Rent Certain Works

• Special rental rights apply to: computer programs, sound recordings of musical works

7. Authorize Others to Do These Things

• This could mean licensing your content or software, granting distribution rights, and entering into publishing agreements
• Only the owner of copyright can authorize these acts.

 
What Copyright Does NOT Protect
 
Copyright protects the original EXPRESSION of ideas, not the ideas themselves.[10] It also does not protect facts, concepts, general themes, or stock elements.[11] This means you cannot stop others from using your business idea, however, you can protect specific written business plans, branding materials, or software codes.
 
Who Owns Copyright in a Start-Up?
 
This is where many early-stage businesses make mistakes.
 
Default Rule: the author is the first owner of copyright.[12]
 
Employment Exception: If a work is created by an employee in the course of their employment, the employer is the first owner unless there is an agreement to the contrary.[13]
 
Independent Contractors: If, for example you hire a freelance developer or a marketing consultant acting as an independent contractor, they own the copyright unless there is a written assignment. Such assignment would need to be in writing and signed by the contractor.[14] Without such assignment, you may not legally own your logo, website, or branding materials. This can become a serious issue during future financing rounds or acquisitions.
 
Conclusion
Copyright protection is automatic with no registration required if a work is both original and fixed. Copyright awards a bundle of exclusive rights, including reproduction, communication, adaptation, and authorization. However, ideas themselves are not protected under, only their expression. If your business depends on content, software, branding, or media, ensuring you are aware of your copyright entitlements is essential to protecting these assets in the future.

Note: The above information does not constitute legal advice. No guarantees are made as to accuracy, completeness, or applicability to individual situations.

[1] Copyright Act, RSC 1985, c C-42 [Copyright Act].

[2] Ibid, s 3(1).

[3] CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13 at para 24.

[4] Ibid, para 18.

[5] Théberge v. Galerie d'Art du Petit Champlain inc., 2002 SCC 34, [2002] 2 SCR 336 at para 30.

[6] Copyright Act, supra note 1, s 5(1).

[7] Ibid, s 2.

[8] Ibid, s 3.

[9] Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 at para 56.

[10] Anne of Green Gables Licensing Authority Inc v Avonlea Traditions Inc., 2000 CanLII 22663, 4 CPR (4th) 289 (ONSC) at para 100.

[11] In Cinar Corporation v Robinson, the Supreme Court emphasized that

[12] Copyright Act, supra note 1, s 13(1).

[13] Ibid, s 13(3).

[14] Ibid, s 13(4).