Copyright Ownership
This document should help to clarify questions regarding ownership of works created by Sentias Software Corp. If this document does not answer your question, please feel free to contact our office at 604-983-0083.
As a customer paying for work, don’t I own the copyright of the materials produced?
You would think that this would be the case, however, it is not. In Canada and the U.S., ownership of works created by a third party on a contract basis are, by default, owned by the creator and not by the customer. In order to avoid any confusion regarding the ownership of materials produced during the course of a “Contract for Service”, Sentias will not do any work unless there is a signed “Contract for Service” that clearly identifies the ownership of the materials.
When Sentias creates a website for you, who owns the copyright for the design?
If there is no “Contract for Service” or “Work for Hire” agreement in place, then the designer of the website, in this case Sentias, is the first owner of the design. Components of the design created by third parties are owned by the third party and therefore, Sentias cannot claim copyright of the third party elements, nor can Sentias transfer ownership of the third party elements to another party.
Another designer designed my website but Sentias is building the site, who owns copyright?
The copyright of the design in this case is owned by the original designer. Sentias cannot and does not make any claim to copyright of the design if it was created by you the customer or a third party designer.
How can I make sure I own the copyright to the website I want designed?
Make sure you have a signed a “Contract for Service” and that the contract clearly states that you as the customer will own the copyright of any copyrightable works created during the course of the contract. We would be happy to adjust the contract to suit your needs.
When does copyright transfer from Sentias to you, the customer?
Ownership of copyright is transfered when the “Contract for Service” is fullfilled and full and final payment has been received by Sentias.
What does the Copyright Act of Canada say regarding ownership of design?
Subject to the “Copyright Act of Canada” Sentias, the author of any works it creates is the first owner of the copyright of such works. Please note that all works created by Sentias are done so based on a “Contract for Service” and not a “Contract of Service” or Employment, as such, 13(3) Work made in the course of employment, does not apply to works created by Sentias Software Corp. on your behalf .
As per 13(4) of the Copyright Act: “no assignment or grant is valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by the owner’s duly authorized agent.”
For more information regarding the “Copyright Act of Canada”, please visit http://laws.justice.gc.ca/en/C-42/index.html.
There is no Contract for Service in place, how do I get ownership of my design?
Sentias would be happy to assign copyright of the design of your site to you. As stated in the Copyright Act, Sentias can only transfer ownership of copyright in writing in the form of a legally binding “Assignment of Copyright”. If you like, you can have an Assignment of Copyright drafted and forwarded to us for execution or we can draft one for you. In the case of the latter, there is a $200 administration fee to cover the legal cost of preparing the documentation.
What rights and materials will not be transfered?
Sentias will not transfer rights to any software, programming code, or third party applications, graphic elements, designs or content unless specifically identified in the Contract for Service.
What about ongoing maintenance work on my website? Do I have to get an assignment for all future works?
No you do not. If copyright has been assigned to you, then any future work done on your site is considered a “contribution to a collective work” and ownership of the work is owned by you. To be sure, you will want to have a “Contract for Service” in place for maintenance on your site that clearly identifies ownership of copyright of future works.
What about custom programming or modifications to applications on my website? Who owns the copyright to these materials?
If the custom programming or modifications are based on Sentias products, then the terms and conditions of the Software License Agreement shall prevail. In general, Sentias retains all rights to its software products including modifications and customizations. If Sentias is building a completely customized application for you, then an SLA for Custom Software will apply and a detailed “Contract for Service” will also need to be in place before any work is completed and copyright is transfered.
Here are some links to useful copyright resources on the Internet: