"Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical" (sec. 13(3)).
Copyright Act (R.S.C., 1985, c. C-42)
5.1 Copyright Ownership
The copyright or patent for any work product, including creative work, instructional strategies or curriculum/instructional material, software or any other material or technology that may be copyrighted or patented:
5.1.1 belongs to the employee(s) where the work product has been prepared or created as part of assigned duties, other than the duties listed in Article 5.1.2 below, and the copyright to all copyrightable material shall be the sole property of the employee(s) and shall be retained throughout his or her lifetime and upon his/her death by his/her heirs or assigns; and
5.1.2 belongs to the institution where one or more employees:
(a) have been hired or agrees to create and produce copyrightable work product for the institution, or
(b) are given release time from usual duties to create and produce copyrightable work product, or
(c) are paid, in addition to their regular rate of pay, for their time in an appointment to produce copyrightable work product.
12.3.1 The copyright to and royalties paid on publication of books, articles, pamphlets, teaching aids, kits, tapes, computer software, films and related materials, where such materials have been prepared or created outside of the employee's assigned workload, shall be sole property of the author, and shall be retained by him/her throughout his/her lifetime. Lecture notes which an employee creates in support of his/her teaching or teaching-related functions shall be his/her sole property and shall not be used by others without his/her permission.
12.3.2 Where an employee's assigned workload include the preparation or creation of programs, courses, teaching aids, kits, computer software, films and similar materials, with the exception of lecture notes, the ownership of, copyright to, and royalties and revenues from such materials shall be vested in the College. The employee shall have the right to retain a personal copy of such materials and shall be granted permission by the College to quote portions of such material in a larger work or to publish same in journals. Such materials shall bear the name of the employee who prepared or created them if he/she so chooses. However, whilst the employee remains in the employ of the College, the College must request permission from the employee to alter or amend such materials.