Should a copyright assignment be registered with CIPO?

A buyer who takes an assignment of copyright can also ask for it to be registered at the Canadian Intellectual Property Office (CIPO). Whether to do so is a decision to make with your lawyer. This page covers federal law only.

What the Act provides

The Registrar of Copyrights registers an assignment of copyright, or a licence granting an interest, on being furnished with the original instrument or a certified copy of it, or other evidence satisfactory to the Registrar, and with the prescribed fee.

What can happen if it is not registered

An assignment or licence is adjudged void against a later assignee or licensee who gave valuable consideration without actual notice, unless the earlier assignment or licence is registered before the instrument under which the later person claims is registered.

How to file

CIPO says you can register an assignment, licence or other document online, by fax or by mail, with the proper fee. For the online route, CIPO says you create an account with ISED and log in to get the form. CIPO’s guide says a copy of the original transfer agreement, or a photocopy signed by both parties, is to be filed with the prescribed fee when you register a transfer, along with the names or registration numbers of the affected works.

What registration does not prove

CIPO says it does not verify or examine the claims made in applications for copyright registration and cannot guarantee the legitimacy, ownership, authorship or originality of a work. A buyer therefore still needs to check the chain of signed documents.