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Description found in Archives

Series consists of

Date(s)

1841-[ca. 1983]

Place of creation

Canada

40.8 m of textual records.
140 microfilm reels of textual records negative and positive.
2055 photographs b&w and col.
100 pictures multiple processes.
34 prints photochemical reproductions.
6 booklets photochemical reproductions.
4 sheets of commemorative stamps.
1 badge brass.

Scope and content

Series consists of records created and/or maintained by the Copyright Office and its predecessors. Also included in the series are art works and photographic prints registered with the Department of Agriculture, who was responsible for copyright, patent, and trademark registrations. Copies of photographs, paintings and drawings were submitted by the artist in order to obtain copyright protection under the terms of the 1862 British Copyright Act. Graphic and philatelic material have been organized into a sub-series entitled Visual material. In addition, the series includes one brass Dominion Identification Company tag.

Textual records
90: Open
Textual records: microform
90: Open
Graphic (photo)
90: Open
Graphic (art)
90: Open
Object
90: Open
Archival reference no.
Former archival reference no.

Terms of use

Textual records: Copyright belongs to the Crown.
Photographs: No restrictions on use. Various copyrights exist. Crown copyright on reproductions. Credit: Photographer Name / National Archives of Canada / Copy negative number.
Artistic material: No restrictions on use. Various copyrights. Crown copyright on reproductions. Credit: National Archives of Canada.
Object: No restrictions on use. Copyright unknown. Credit: National Archives of Canada.

Photographs: See photographic inventories, indexes, and caption lists arranged by accession number. FA-500 (Paper)

Photographs: Finding aid is an index of location, event, subject and personalitites depicted in photo accession 1966-094 (DAP). Located in box 2000855318 with a copy in Photography: Acquisition and Research Division. FA-116 (Paper)

Photographs: Refer to MINISIS for item-level descriptions. (Electronic)

Artistic material: Refer to MINISIS for item-level descriptions. (Electronic)

Object: Refer to Medal inventory card 12015. (Paper)

Biography / Administrative history

A branch of the Department of Agriculture, the Copyright and Trade-Mark Branch of the Canadian Federal Government was established to enforce the Copyright Act intended to protect the rights of the author and/or the first owner of copyright. At the international level, the 1886 Berne Convention for the Protection of Literary and Artistic Works is the starting point for all copyright law. In 1926, Canada signed this international treaty which advocates that the creator of any new artistic or literary work automatically receives copyright. Copyright is protected for the life of the creator plus fifty years. In Canada, the first Canadian legislation on copyrights, entitled "An Act for the Protection of Copy Rights," was passed in 1832. A Registrar of Copyright was established under the Minister of Agriculture with the Copyright Act of 1868. A revised copyright statute was enacted in 1921, came into force in 1924, and was amended in 1931. The Copyright Act was passed in 1985 (C-42). More recently, Bill C-32 was introduced into parliament in April 1996, and extended more rights to owners of copyright.

Directed by the Registrar of Copyrights, the Copyright Office is the federal agency responsible for the function of registering copyrights in Canada. A copyright is defined as an original work of artistic, literary, dramatic, or musical design. It must not be copied and must involve some intellectual effort. Titles, names and short word combinations are not usually protected by copyright -- it must be a more substantial original creation. Copyright may be given for the unique expression of an idea, but it does not extend to the idea itself.

When an original work is created, copyright protection is automatically afforded to the creator, except under certain circumstances. Registration of the copyright at the Copyright Office is the official acknowledgment of a claim, and a certificate is issued providing ownership of rights for court purposes. In effect, the Copyright Act prohibits others from copying your work without permission and protects intellectual property.

The main functions of the Copyright Office are: registering copyrights; recording the details which were provided, and giving a certificate attesting to this fact; maintaining records of all registrations and other pertinent documents for public use.

To register a copyright, an application must be sent to the Copyright Office. The application is reviewed, but not judged for artistic or creative merit as the Copyright Office is simply an office for registration. Information from the application is entered into a database (all copyright applications after October 1991 are on an automated system -- the Copyright Name Index) and the certificate is issued. As the 1994 CIPO Guide To Copyrights explains, "There is no requirement to mark your work under the Copyright Act....Although not obligatory in Canada, such marking can serve as a reminder to others of copyright as well as providing the name of the owner."

Although copyright is an essential component of process behind the creation of new and enlightening works of art, literature, computer programs and a myriad of other products, as mentioned above, copyright automatically falls to the original creator. The Copyright Office is in effect a registrar for individuals who for some reason or another have decided to formally certify their work. The Copyright Office does not have a list detailing all works created in Canada, and it does not have to because that is already protected under Canadian law. RDA 2000/017 Department of Industry Canadian Intellectual Property Office - Trade-marks Office and Copyright and Industrial Design Branch (Appraisal report)

Additional information

Graphic material was acquired from the Patent and Copyright Office, Department of the Secretary of State, Ottawa, Ontario between 1938 and 1984. Object was received as part of the GAD accession 1983-84/208 and transferred internally to Documentary Art Acquisition and Research ca. 1983.

Source of title
Title based on the contents of the series.

Accruals
Further accruals are expected.

Arrangement note
Graphic and philatelic material have been retained as a single physical entity.

Art material in accession 1992-676 (DAP) is part of photo accession 1966-094 (DAP) transferred internally from the Photography Acquisition and Research Division to Documentary Art Acquisition and Research 19 January 1993.

Availability of other formats note
Microfilm copies of textual record provide only nominal indexes for the period prior to April 1938.

Government

Other system control no.

Related control no.

1. 1952-076 NPC
2. 1956-023 NPC
3. 1966-094 DAP
4. 1968-079 PIC
5. 1983-042 MED
6. 1983-84/208 GAD
7. 1984-175 NPC
8. 1992-676 DAP
9. 120-080129-6
10. RG105