Copyrighting the copyright.
My roommate is a copyright lawyer, so I find it funny when people tell me I'm wrong for explaining copyright laws to them, for my roommate is telling me what to say and type, while quoting from the book:
The CCA clearly states "Where, in the case of an engraving, photograph or portrait ('Portrait' under law includes paintings, drawn works, and/or digital images.), 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." In other words, without a contract expressly saying otherwise, the second you accept money and are paid for a commissioned work, the default copyright owner becomes that of the comissioner not the artist who created it.
The copyright ownership ruling is listed under the CCA section Chapter C-42, Section 12(2). Section 12(3) then goes on to state :
Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright
Under the legal definitions of 'contract of service', we find that it includes exchange of money for services. In other words, if you were commissioned to do this work and paid for it, and accepted the payment, you're outta luck. This is one of the major ways that Canadian and US copyright laws differ. A 'work' is any material that falls under the jurisdiction of the CCA, which is at present all copyrightable material except sculptures and statues, in certain specific instances.
The CCA clearly states "Where, in the case of an engraving, photograph or portrait ('Portrait' under law includes paintings, drawn works, and/or digital images.), 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." In other words, without a contract expressly saying otherwise, the second you accept money and are paid for a commissioned work, the default copyright owner becomes that of the comissioner not the artist who created it.
The copyright ownership ruling is listed under the CCA section Chapter C-42, Section 12(2). Section 12(3) then goes on to state :
Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright
Under the legal definitions of 'contract of service', we find that it includes exchange of money for services. In other words, if you were commissioned to do this work and paid for it, and accepted the payment, you're outta luck. This is one of the major ways that Canadian and US copyright laws differ. A 'work' is any material that falls under the jurisdiction of the CCA, which is at present all copyrightable material except sculptures and statues, in certain specific instances.