What to do next
Common situations
A competitor lifts your website copy or product descriptions. Your photographs appear on someone else's listings. A former developer reuses your code in another client's product. An agency reuses a design it created for you. Someone republishes your articles without permission. Each raises the same ownership question first.
Confirm you actually own it
Employee-created work generally belongs to the employer; contractor-created work generally belongs to the contractor unless there is a written assignment. Check agreements, statements of work and purchase orders. Note also that moral rights in Canada cannot be assigned - only waived - which affects attribution and integrity claims separately from ownership.
Evidence the copying and your prior creation
Dated originals, source files with metadata, version-control history you control, and archived captures of the infringing use. Substantial similarity plus access is what establishes copying. Capture the infringing material now with visible dates - it is routinely removed once a demand arrives, and then you are proving a negative.
When to speak with a lawyer
Where the work is commercially significant, where the copying is ongoing or at scale, where the other party disputes your ownership, or where a contractor or former employee is involved and the chain of title is unclear. For a single stolen image, a platform takedown is usually proportionate on its own.
Types of lawyers who handle this
An IP or copyright lawyer. Where code or software is involved, someone comfortable with both copyright and trade secrets, since the two claims frequently run together. Where a contractor relationship is in dispute, commercial litigation experience as well.
What to prepare
The original work with creation dates, any assignment or licence agreements, the development or authorship record, evidence of the infringing use, the commercial value of the work, and any correspondence with the other party. Gather only material you lawfully hold or can obtain publicly.
Possible legal pathways
Platform takedown processes resolve a substantial share at no cost. Beyond that: a demand letter, a negotiated licence where the use has value to them, or proceedings. Canada provides statutory damages within a defined range, which makes smaller claims viable in a way pure damages would not. Federal Court and provincial superior courts both have jurisdiction, and small claims may be proportionate for lower-value work.
Frequently asked questions
Do I need to register copyright?
No - it arises automatically on creation. Registration provides evidence of ownership that is useful in a dispute, and it is inexpensive relative to what it can save.
My contractor made it - do I own it?
Usually not, without a written assignment. This surprises businesses constantly and is the most common reason a copyright claim fails before it reaches the copying question.
Is crediting me enough?
No. Attribution does not create a licence. Unauthorised use remains infringement even with credit, though attribution may reduce what a court considers appropriate.
What can I recover?
Actual damages or statutory damages within a defined range, plus the infringer's profits in some cases. Statutory damages are what make modest claims economically viable.
They took my code - is that copyright or trade secrets?
Frequently both. Copyright protects the expression in the code; trade secret protects confidential material such as architecture, algorithms and customer data. The claims run together and are usually pleaded together.
Which court hears this?
The Federal Court or a provincial superior court in Canada. For lower-value works, small claims may be proportionate and does not require a lawyer.
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.