@mcrlmn wrote:
Copyright exists automatically if it is an original expression and in a tangible form; even if the work is not published or has not been formally registered with the U.S. Copyright Office.
However, you cannot take any legal action against an infringer until your copyright has been formally registered.
Canada is a signatory to international conventions on copyright, and therefore Canada's laws are more or less in line with other western democracies, including the U.S.
However, while copyright does automatically vest in an original work (or a work that is substantially original), in Canada it is not necessary to "register" the copyright with CIPO, nor is such registration obligatory for legal action against infringement. Such registration confers no special status on the copyrighted material, design, etc., aside from adding it to an official database. It may help in a lawsuit, in the sense that it provides some (but not conclusive) proof of ownership and origin, but other evidence would be needed to establish proof.
You may be thinking of trade marks, which are handled quite differently and do usually need to be formally registered with Industry Canada in order to secure ownership and protect them legally. There is a lot of misunderstanding and misinformation among the general public about the distinction between copyright and trade marks. They are two different areas from a legal standpoint.
In Canada it is also not necessary, although it is recommended by CIPO, to place a copyright symbol, warning, or other statement as to ownership on an original piece of work. It is a smart thing to do though if your product is going to be available to the public.
To the OP: Enforcing copyright on eBay is a bit of a tricky business, especially if you're in Canada and the other party is in a foreign country (U.S. or otherwise). Legal action is expensive, and often complex and lengthy. My best advice would be to contact eBay CS and complain. However unless you are a VeRO registrant, or can somehow provide proof of the origin of your material, they will likely do nothing.
Even if you were a VeRO owner, the most eBay will probably do is take down any offending listings. Generally you have to have an established commercial brand to qualify for VeRO - think Dior, Cartier, etc. EBay, despite its warnings about copyright infringement, is much more focused on "brands" or trade names, so don't expect CS to understand what you're talking about - you may have to go through 3 or 4 people to get someone who even grasps the issue. I know something of what I'm saying, as I am a copyright owner and happen to have spent a few years as a researcher and paralegal in copyright and trademark law.
One thing: are you selling your PDF designs as digital downloads? That is mostly restricted nowadays on eBay, and if you are delivering your items digitally you should be careful about making a copyright complaint or you may get shut down yourself. If they're on CDs, there's no problem.
w~~_7.JPG "pjcdn2005"){kind=avatar}
