Software copyrights

Software copyright is the copyright that protects computer programs, including source and object code, as literary works. It arises automatically when the code is written and gives the owner the exclusive right to reproduce, adapt and distribute the program. It protects the expression in the code, not the underlying ideas, functionality or methods.

How BC law treats it

Under the Copyright Act, RSC 1985, c C-42, computer programs are literary works and copyright arises on creation; registration with CIPO is optional but provides evidentiary presumptions. An employer owns code written by employees in the course of employment, but a contractor owns its code unless there is a written, signed assignment, and moral rights can be waived but not assigned.

What it means for your business

If contractors or co-founders wrote your code, get written assignments and moral rights waivers so the company clearly owns its core asset.

Risks and common mistakes

Investors and buyers routinely find gaps in code ownership during due diligence, which can delay or derail a financing or sale.

For the full explanation, see our entry on Copyright.

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