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Copyright

Who owns the work, and what happens when a licence or royalty is disputed?

Copyright disputes between people who intended to work together usually come down to two things: no written assignment, and no clarity about the scope of the licence granted. Note also that moral rights in Canada cannot be assigned, only waived - so a perfectly drafted assignment can still leave attribution and integrity rights with the creator if waiver was overlooked.

What to do next

  1. Establish ownership before arguing about money

    Employee-created work generally belongs to the employer; work by a contractor generally belongs to the creator absent written assignment. Joint authorship creates shared rights that neither party can usually exploit freely without the other, which is rarely what was intended.

  2. Read the scope of the licence, precisely

    Exclusive or non-exclusive, the media and territories covered, duration, whether sublicensing and derivative works are permitted, and whether it is revocable. Most licensing disputes are about a use nobody addressed at the time rather than a use anyone prohibited.

  3. Address moral rights separately

    In Canada moral rights - attribution and integrity - cannot be assigned, only waived. An assignment without an express waiver leaves the creator able to object to modification or to demand attribution, which surprises businesses that thought they had bought everything.

  4. What to prepare

    The work and its creation record with dates, any agreement or purchase order, invoices and payment history, correspondence about permitted use, royalty statements where applicable, and evidence of the uses in dispute.

  5. Possible legal pathways

    A confirmatory assignment or a clarifying licence, an accounting for royalties, mediation, or proceedings for infringement or breach of contract. Registration is not required for copyright to exist, but it provides useful evidence of ownership where that is the contested question.

Frequently asked questions

We had no written agreement - who owns it?

For contractors, generally the creator. For employees creating in the course of employment, generally the employer. That default surprises businesses that paid for the work.

What are moral rights?

Attribution and integrity rights that in Canada cannot be assigned, only waived. An assignment without an express waiver leaves them with the creator.

Can I use the work in a way the licence does not mention?

Risky. Licences are generally construed against expanding scope, and new media or territories usually need express permission. Ask rather than assume.

What is joint authorship?

Where two or more people contributed to a single work. Joint owners generally cannot exploit it freely without the other, which frequently deadlocks the asset.

Do I need to register copyright?

No - it arises on creation. Registration provides evidence of ownership, which is valuable precisely in disputes like these.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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By submitting, you agree to be contacted about your inquiry. This is not legal advice and does not create a lawyer–client relationship.

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