Monday, December 2, 2013

Bill C-11, and the Copyright laws in Canada

A Great Victory For Canadian Photographers! 

Produced by CAPIC Montreal (, the video below provides an overview of the impact of the new law on copyright in Canada, Bill C-11, in force since November 2012.

You can access the video by clicking HERE
Until the adoption of Bill C-11, photographers were not on the same footing as other creators. They were considered, according to the law, technicians and not artists: when a customer ordered a photo, the copyright belonged to the client.

It was necessary to sign an agreement with the client to ensure the photographer "owned" the rights to the work. This is why CAPIC was created!

Bill C-11 was necessary for the aberration of this old law. Now, photographers are the first owners of copyright works they produce, be it an artistic, personal, or the result of a commission, commercial photographers now automatically own the copyright and moral rights of their work.

This will apply to all new photos taken after the promulgation of the law and not to pictures produced before. Bill C-11 does, however, provide for exceptions. Certain people and institutions can use photographs protected by copyright without the permission of the photographer.

CAPIC still recommends that photographers draft a contract that specifies various business clauses, such as the use of images, licenses sold, payment terms, etc. It is always important to specify that the photographer is the first owner of the copyright of the images produced in the contract.

It is important to remember that a quote or an invoice is not a contract, even if it contains some elements of one.

Link to the CAPIC Articles > HERE
Link to the complete Act > HERE