Understanding Intellectual Property

• Author: Lesley Ellen Harris
• Profession: Lawyer, author, and educator
• Pages: 1-13

1

CHAPTER 1

Understanding

Intellectual Property

A great literary work can be completely, completely unpredictable. Which can

sometimes make them very hard to read, but it gives them a great originality.

—Yann Martel

What

Is

Copyright?

Literally, copyright means the “right to copy.” The Canadian Copyright

Act grants copyright owners the sole and exclusive right to reproduce,

perform, or publish a work. These rights g ive copyright holders con-

trol over the use of their creations, and an ability to bene t, monetarily

and otherwise, from the exploitation of their works. In addition, moral

rights (which are also in the Copyright Act) protect the reputation of

creators. The rights are subject to speci c limitations as set out in vari-

ous provisions in the Copyright Act.

Copyright law is one area of a larger body of law called “ intellectual

property,” or IP. The word intellectual is used to distinguish it from

“physical” property. Intellectual property law refers to and protects the

intangible or intellectual nature of an object, whereas physical property

law refers to and protects the tangible or physical aspect of an object.

As an illustration, there is both an intellectual and physical property

component to a book or refrigerator. The physical component of the

book or refrigerator is the object itself, the book that you can hold in

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