Question 1

Who owns the copyright to photographs in Canada?

Accepted Answer

Under section 13(1) of the Canadian Copyright Act, the photographer is the default first owner of copyright in photographs they create. Since the 2012 Copyright Modernization Act, this applies to all commissioned photographs. If the client wants to own the copyright, a written assignment is required in the contract.

Question 2

What are moral rights and can they be waived?

Accepted Answer

Under section 14.1 of the Copyright Act, moral rights include the right to attribution and the right to the integrity of the work. Moral rights cannot be assigned or transferred, but they can be waived in writing. This template includes an optional moral rights waiver clause that the photographer can choose to include.

Question 3

Do I need to charge GST/HST on photography services in Canada?

Accepted Answer

If your annual revenue exceeds CAD $30,000, you must register for GST/HST and charge the applicable rate on your photography services. The rate varies by province: 5% GST in Alberta, British Columbia, Saskatchewan, Manitoba, and the territories; 13% HST in Ontario; and 15% HST in the Atlantic provinces. Quebec uses a combination of GST and QST.

Question 4

Can a photographer use client photos for their portfolio?

Accepted Answer

A photographer may use client photographs for portfolio and promotional purposes only if the contract includes a specific model release or portfolio use clause, and with the client's consent. Under PIPEDA, photographs containing identifiable individuals are considered personal information and require explicit consent for commercial use beyond the original purpose of the contract.

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