This is Part I of Ask the Expert on copyright and IP for designers by Vandana Taxali, IP and creative lawyer at entcounsel.com. In this Ask the Expert, the focus is on copyright and intellectual property principles that Canadian designers need to understand in their professional practice. 

This article addresses: (1) when designers truly hold ownership of their creative work, (2) how to navigate copyright when collaborating with clients, printers, illustrators, or agencies, (3) the most common copyright misunderstandings designers encounter, (4) steps to take when work is being reused without permission, and (5) how to safely use stock images, typefaces, or AI-generated visuals.   A follow-up article (Part II) to be published later tackles additional questions about contract terms, portfolio use, Creative Commons, licensing fees, and royalties. 

Q1: Many designers assume they automatically own the copyright to their designs. When does a designer truly hold ownership of their creative work?

A: In Canada, copyright protection is automatic under the Copyright Act once an original work is fixed in tangible form—saved, printed, or recorded. No registration is required. However, registration is strongly recommended: under section 53 of the Copyright Act, registration provides prima facie evidence of ownership, which can be helpful in court as evidence of ownership is prima facie(Copyright Act, RSC 1985, c C-42, s 53).

To obtain copyright protection, your work must be more than an idea or style. It must be an original expression created through "skill and judgment" (the standard set by the Supreme Court in CCH Canadian Ltd. v. Law Society of Upper Canada) and fixed in a tangible form. Logos, layouts, illustrations, icons, UI designs, and photographs typically qualify as artistic works if they meet the test of originality. 

Ownership depends on your legal relationship:

• Freelancers and independent contractors own copyright automatically upon the creation of a copyright protected work unless they sign a written assignment assigning it to someone else. Payment alone doesn't transfer ownership. Section 13(4) of the Copyright Act requires assignments to be in writing and signed.

• Employees are different: work created "in the course of employment" belongs to the employer under section 13(3) of the Copyright Act, unless otherwise agreed.  In the US, this is referred to as “work for hire”.  

Another important consideration is moral rights—which consists of attribution, paternity, and integrity—belong to the author, cannot be assigned, and can only be waived in writing. Even after assigning copyright, unwaived moral rights can restrict how your work is modified. And under section 14(1), assigned copyright reverts to the author's estate 25 years after death—so "perpetual buyouts" aren't always permanent.

Finally, if your design is applied to a useful article and more than 50 copies are produced, copyright protection may be curtailed under section 64. Consider filing for industrial design registration (you have 12 months from the first public disclosure to file).

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Q2: How should designers navigate copyright when collaborating with clients, printers, illustrators, or agencies?

A: The single most important step: get a clear written agreement before work starts. Canadian law doesn't assume that anything transfers—you must explicitly spell out every right.

To ensure that the legal rights and responsibilities of each party are clearly defined and enforceable, your agreement should expressly address the following topics:

1. Ownership – Who owns the final design versus the background IP each party brings?

2. Assignment vs. licence – Assignment means a full transfer of ownership (requires a signed writing under s. 13(4)). A licence grants permission to use. Specify exclusive or non-exclusive.

3. Scope of use – Print only, or web/social/packaging? Local or worldwide? One campaign or perpetual?

4. Revisions and kill fees – Set limits on revision rounds, approval deadlines, and cancellation fees.

5. Portfolio rights – Confirm you can show final work and process sketches on your website, social media, and in award entries.

6. Credit and attribution – How will you be credited, and what happens if they forget?

7. Joint authorship – When multiple people contribute, ownership gets complicated. Section 2 requires inseparable contributions for true joint authorship; otherwise, it's tenancy in common. Define ownership shares upfront.

8. Third-party assets – Stock images, fonts, client materials. Who secures licences? Who's liable for infringement? Require clients to guarantee their materials are cleared.

9. Moral rights waivers – Clients will resize, crop, and recolor your work. Get explicit written waivers for these modifications. Snow v. Eaton Centre proved that courts will stop changes that harm your reputation.

10. Printers and service providers – They get permission for this specific job only—no ownership or portfolio rights are included unless specifically stated. 

Your written agreement is your legal protection for potential misunderstandings. Ambiguity causes expensive disputes and always paper it.

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Q3: Copyright law is frequently misunderstood within the design profession, leading to widespread confusion and common errors. What are the most prevalent copyright misunderstandings that designers encounter?

A:  The following are common misconceptions I hear in my practice: 

"Payment transfers ownership." Freelancers own copyright by default. Without a signed written assignment, the client has no ownership—Robertson v. Thomson confirmed that licences don't imply assignment.

"Ideas and styles are protected." Copyright protects fixed expression, not ideas, concepts, or trends. Your executed logo is protected; your pitch for "bold geometric branding" is not.

"Small changes avoid infringement." No percentage threshold exists. Courts assess whether a "substantial part" was taken qualitatively, not quantitatively. Cinar Corporation v. Robinson rejected mechanical tests.

"I can always show client work in my portfolio." Not necessarily. Contracts or NDAs may restrict use until public release or explicit permission—even if you own copyright.

"Simple designs get full protection." Simpler works receive narrower protection. Pyrrha Design v. Plum and Posey: "the simpler the work, the more exact the copying required" to prove infringement.

"Registration is required to sue." Copyright arise automatically upon the creation of an original work in fixed form. Registration provides evidentiary advantages but isn't a prerequisite to litigation in Canada or the only way to provide authorship or creation. It is the strongest protection but other alternative less expensive and more efficient options also exist. 

"The lack of a  © symbol means it's free." Protection is automatic—no notice required. "Free" online assets often infringe someone else's copyright.

In order to protect your work, record-keeping is crucial, particularly in practical design scenarios such as client disputes or infringement claims. For instance, retaining dated sketches, written briefs outlining project requirements, email correspondence regarding feedback, drafts that illustrate the iterative process, and saved versions of design files can offer clear proof of independent creation. When a client questions ownership, these records can clarify who developed the work and when. Similarly, if a designer’s work is copied or challenged, such detailed documentation substantiates not only the origin of the design but also the level of skill and judgment applied at each stage—both of which are key factors in establishing copyright protection.

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Q4: If a designer comes across their work is being reused without permission, what steps can they take?

A: Step 1: Gather evidence. Dated screenshots, archived URLs, original files, and emails proving creation date—build your case now.

Step 2: Send a firm but professional notice. Identify your work, assert ownership, specify the unauthorized use, and request removal, credit, or licensing discussions.

Step 3: Use Canada's notice-and-notice system. For online infringement, send a formal notice to the website host or ISP. Under sections 41.25–41.27, they must forward it to the infringer. Don't include payment demands—they invalidate the notice.

Step 4: Submit platform takedowns. Many social media sites and Google have faster internal processes alongside the statutory system.

Step 5: Escalate if ignored. Possible remedies include:

• Injunctions to stop use

• Actual damages or the infringer's profits

• Statutory damages: $500–$20,000 per work (commercial); $100–$5,000 total (non-commercial)

• Destruction orders

Tailor your response based on both the seriousness of the infringement and the infringer’s willingness to cooperate. For example, if a small business inadvertently uses your design on a local website and promptly agrees to remove it after receiving a cease-and-desist letter, informal resolution and documentation may suffice. In contrast, if a company continues unauthorized commercial use despite notice and refuses to engage, escalation through formal legal remedies, such as seeking an injunction or statutory damages, would be an appropriate course of action.

Q5: How can designers safely use stock images, typefaces, or AI-generated visuals?

A: Stock assets: Read and note licence terms for every asset. Track permitted media, geography, duration, volume, exclusivity, and attribution requirements. "Royalty-free" doesn't mean unlimited. Pass licence restrictions to clients in your contracts.

AI-generated visuals: According to a recent report from CIPPIC, the organization has applied to the Federal Court to challenge a copyright registration listing an AI program as an author, arguing that Canadian copyright law does not currently recognize AI as an author. Sahni (2025) that copyright requires a human author. AI cannot be considered an "author," and prompts alone do not establish authorship. United States cases such as Thaler v. Perlmutter have confirmed that only works created by humans, not by machines or AI, can be protected under copyright law. When using AI, be sure to inform your clients about its use.

• Address ownership and risk in contracts.

• Never input confidential information into public AI tools.

• Document your prompts, edits, and human creative decisions thoroughly.

Courts now demand proof of human authorship for protection. Keep records that demonstrate your skill and judgment.

For a checklist of the above tips, email vandana@entcounsel.com.

© Vandana Taxali, 2026. All Rights Reserved. 

Entcounsel – Copyright Infringement Guide https://entcounsel.com/blog/copyright-infringement  

RGD – Copyright & Ownership Resources https://rgd.ca/working-in-design/resources/copyright-ownership  

Canadian Intellectual Property Office (CIPO) – Copyright Guide https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/copyright  

CIPO – Copyright & Industrial Design Guide https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/industrial-designs  

References: For informational purposes only; not legal advice.