Roger-Luc Chayer (Image: Certificate of registration OPIC #1231373)
This morning, on March 6, 2025, I bought the USA! And this is not a figure of speech: I registered a copyright on the word ‘USA’ with the Canadian Intellectual Property Office. I now legally own all the copyright rights to ‘USA’. Since the United States has no qualms about changing the name of the Gulf of Mexico, I thought I could take possession of the word ‘USA’ and protect it legally with a copyright. And it worked!
What is the CIPO?
According to the CIPO website, the Canadian Intellectual Property Office is the government agency responsible for managing intellectual property rights in Canada. It oversees the registration of patents, trademarks, copyrights, and industrial designs. By facilitating the protection of intellectual creations, it supports innovation and business competitiveness.
CIPO also provides information and outreach services to help inventors and entrepreneurs understand their rights. Falling under Innovation, Science and Economic Development Canada, it plays a key role in economic development by ensuring the integrity and accessibility of the intellectual property system.
What is the scope of this ownership?
Copyright is territorial, meaning it only applies in the country where it is recognized. However, many international treaties, such as the Berne Convention, facilitate the mutual recognition of copyrights among signatory states.
Through these agreements, a work protected in one country automatically receives similar protection in other member countries without the need for additional registration. However, the application and duration of protection vary depending on national laws.
Are Canada and the United States signatories to the Berne Convention?
Both Canada and the United States are signatories to the Berne Convention. Canada joined in 1928 and applies its principles by recognizing the automatic protection of works without the need for registration.
The United States joined the Convention in 1989 after having long favored a voluntary registration system. As members, both countries recognize the copyright of foreign works from other signatory states, thus ensuring harmonized international protection.
According to Wikipedia, the Berne Convention currently has 181 signatory countries, including most United Nations member states.
Has the Berne Convention been tested internationally?
Yes, and by me as well. A few years ago, a Frenchman named Benjamin Antigny copied all my classical music records, which were protected by copyright, and distributed my music for free on his websites internationally. Despite my repeated requests, he refused to remove my material.
So, I filed a lawsuit against him in the Quebec Court, under the Berne Convention, which allows one to sue an individual or organization based abroad in their home country. On May 12, 2017, in a ruling by the honorable Judge Yves Hamel, Benjamin Antigny was ordered to pay me over $10,500. This ruling was published in the French media.
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