Protect Your Design: Recent Developments In Canadian Copyright Law

This article was originally published in the Canadian Consulting Engineer Magazine.

The Federal Court has recently confirmed that copyright protection for "architectural works", which includes architectural and structural engineering plans and constructed structures themselves, is alive and well in Canada. While it is said that 'imitation is the sincerest form of flattery', recent cases show that if imitation crosses the line into infringement, those involved in designing and constructing infringing architectural works may face serious consequences.

To qualify for copyright protection in Canada, a work must be "original". It cannot be a copy of an existing work, and must be the product of the "skill and judgment" of its author. The Copyright Act gives the owner of copyright the sole right to reproduce the work or any "substantial part" of the work, for the duration of the author's life plus 50 years. If another person produces or reproduces the work without