Assignment of copyrights

An assignment of copyright is the transfer of ownership of some or all of the rights in a work, such as software, text, images or designs, from the owner to another person. Under Canada's Copyright Act, an assignment is valid only if it is in writing and signed by the owner or the owner's authorized agent. Moral rights cannot be assigned.

How BC law treats it

Under the Copyright Act, RSC 1985, c C-42, registration of an assignment is optional, but an unregistered assignment can lose priority to a later assignee for value without notice who registers first (s. 57(3)). Moral rights cannot be assigned, only waived in whole or in part (s. 14.1(2)). The Federal Court and provincial superior courts share jurisdiction over copyright matters (s. 37).

What it means for your business

A business that pays contractors or agencies to create content or software does not automatically own the copyright; it needs a written assignment, plus a moral rights waiver.

Risks and common mistakes

Relying on an invoice or verbal understanding instead of a signed written assignment can leave the creator as the legal copyright owner.

For the full explanation, see our entry on Assignment of intellectual property.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.