Today is a huge day for photographers in Canada. Taking effect this morning, Bill C-11 (PDF) now states that a Canadian photographer owns the copyright to their images, regardless of whether or not they were commissioned by a third party.
Previously, if a photographer was compensated for the creation of an image, the individual or business paying the photographer owned the copyright. Unless, of course, there was a contract in place stating that the photographer was to maintain copyright ownership. The reality, however, was that many photographers in Canada were not aware of this law and were unknowingly handing over ownership to their clients.
More specifically, section 13(2) of the Canadian Copyright Act singled out photography as being different than other creative works.
(2) Where, in the case of an engraving, photograph or portrait, the plate or other original was ordered by some other person and was made for valuable consideration, and the consideration was paid, in pursuance of that order, in the absence of any agreement to the contrary, the person by whom the plate or other original was ordered shall be the first owner of the copyright.
Under the new bill effective today, photographers are now on equal level with other artists and creative works when it comes to copyright ownership.
CAPIC, The Canadian Association of Professional Image Creators, calls it “A Great Victory For Canadian Photographers”, having fought this battle for more than 20 years. I am truly thankful to everyone at CAPIC and beyond who has put in time and effort to make this a reality for us all. I have had my share of legal conflicts and disputes with individuals and organizations (I won’t name any names, even though I would love to), but as of today, photography in Canada has changed for the better.
André Cornellier, Copyright Chair of CAPIC states,
In Canada, all other artists have already owned the copyrights to their work and thanks to this new law, Canadian photographers, albeit the last in the industrialized world, now have all legal rights to their images.
Sounds like a good day for Canadian photographers, bring their rights more into line with most western jurisdictions.
Has anything developed about how to deal with performers’ headshots? I am surprised ACTRA and Equity haven’t agreeed a form of contract with headshot specialists! Is there any sort of consunsus developing?
@Peter – I’m not 100% certain. I’m not overly familiar with ACTRA but would love any insight or information you find regarding the new law.
Thanks for posting this Ian. I’m happy to see this has finally happened here in Canada.
