Assignment of copyright in writing

A buyer meets this when a business’s content, software, photos or designs were made by a freelancer, a former owner or an earlier company, and the buyer needs proof that ownership actually moved.

What the Act says

Section 13(4) lets the owner of copyright in a work assign the right wholly or partially, generally or subject to limits such as territory, medium or sector of the market, and for the whole term or part of it. Under s. 13(1) the author is the first owner, subject to the Act. Section 13(3) gives an employer first ownership of a work made in the course of employment under a contract of service or apprenticeship, in the absence of any agreement to the contrary; for an article or other contribution to a newspaper, magazine or similar periodical, s. 13(3) reserves to the author a right to restrain publication otherwise than as part of a periodical.

What to ask

• Who owns each right today: the author, an employer or an earlier assignee.
• Whether a writing signed by that owner, or the owner’s duly authorized agent, covers the right and any limits on it.
• Moral rights. Section 14.1(2) says they may not be assigned but may be waived, and s. 14.1(3) says an assignment does not by that act alone waive them.
• Whether the assignment was filed. The Canadian Intellectual Property Office records assignments, which is a separate step.

See how to do intellectual property due diligence when buying a business and the IP assignment entry.