You paid for the shoot. The crew filmed your site, your people and your project. So the footage is yours, right?
In Canada, not automatically. Under the Copyright Act, the person who creates a work owns it first, and paying for it does not change that. Unless your contract says otherwise, in writing, the video company owns the copyright in what it shot, and you have whatever use the deal allowed. Here is how ownership actually works, and the clauses that put you in control.
Practical guidance, not legal advice. Have your lawyer review your production agreement once and reuse it.
Who owns video footage in Canada by default?
The author does. Section 13(1) of the Copyright Act says “the author of a work shall be the first owner of the copyright therein” (Copyright Act, s. 13). For a video shoot, that usually means the production company, because its camera operators and editors are its employees.
There is one automatic exception, and it covers employees, not contractors. Under section 13(3), when a work is made by someone “in the employment of some other person under a contract of service” in the course of that employment, the employer is the first owner “in the absence of any agreement to the contrary” (s. 13(3)).
So the default depends on who pressed record:
| Who filmed it | Who owns the copyright by default | What you need to own it |
|---|---|---|
| Your own employee, as part of their job | Your company (s. 13(3)) | Nothing extra, unless an agreement says otherwise |
| A video production company’s staff | The video production company | A written, signed assignment from the company |
| A freelance videographer | The freelancer (s. 13(1)) | A written, signed assignment from the freelancer |
| A company you hired under a contract that assigns copyright to you | You | That contract, signed by the owner (s. 13(4)) |
| A company you hired under a licence | The video company; you hold the rights the licence lists | Read the licence: channels, term, exclusivity |
| Music, stock footage or graphics in the edit | Whoever owns those materials | A licence covering your intended uses |
If you have read US articles about “work made for hire”, set them aside. Canada’s ownership section gives the paying client copyright automatically only through employment. Everyone else needs paperwork.
Do I need it in writing to own the footage?
Yes. An assignment of copyright is only valid “in writing signed by the owner of the right”, or by the owner’s authorized agent (Copyright Act, s. 13(4)). The same applies to an exclusive licence, which the Act treats as a grant of an interest in the copyright (s. 13(7)).
A handshake, an invoice marked “paid in full”, or an email saying “it’s all yours” leaves a gap. If ownership matters to you, and for a company building a video library it should, the production agreement needs a clause that names what is assigned and is signed by the company that owns it.
The Act also lets an owner assign “either wholly or partially” and with limits on “territory, medium or sector of the market” (s. 13(4)). That flexibility is useful. You do not have to buy everything to get what you need.
What is the difference between owning the video and licensing it?
Owning the copyright means you control the work: you can re-edit it, hand it to another agency, use it anywhere, and stop others from using it. A licence means the video company keeps the copyright and gives you permission for listed uses.
Neither is wrong. What matters is matching the deal to how you will use the footage.
- Assignment of the final video: right for brand films, capability videos and anything you will re-cut for years. You hold the master.
- Exclusive licence: the producer keeps copyright but cannot let anyone else use the work. Good when the producer has real reasons to retain ownership, such as reusing their own graphics templates.
- Non-exclusive licence: cheapest and most limited. Fine for a one-off event recap. A poor fit for anything you will build on.
For a contractor, the test is simple: will you still be using this footage in three years, in edits you cannot predict today? If yes, you want ownership, or at least an exclusive licence with no expiry on the channels you use.
Who owns the raw footage?
Whoever owns the copyright in the shoot owns the raw footage, and the delivery of raw files is a separate question from ownership. Plenty of agreements assign the finished video to the client and say nothing about the unedited takes. That is how disputes start.
Raw footage is where the long-term value sits. A day on site produces hours of material: the pour, the crew, the drone pass, the interview takes you did not use. Six months later, that is your next recruiting clip, your bid-package insert, your year-in-review. If the agency holds it, every new use is a new invoice or a new shoot.
Put three things in the contract:
- Ownership: raw footage is assigned to you along with the final video, or licensed to you on stated terms.
- Delivery: in what format (original camera files, not compressed exports), on what medium, and when (at project close, or quarterly on retainers).
- Retention: how long the producer keeps a backup, and whether they delete it on request.
Our construction video editing workflow shows how raw footage is organised so it stays useful after delivery.
What are moral rights, and why do they matter to a buyer?
Moral rights are the creator’s right to the integrity of the work and to be credited, or to stay anonymous. In Canada they cannot be sold. Section 14.1 says moral rights “may not be assigned but may be waived in whole or in part”, and that an assignment of copyright “does not by that act alone constitute a waiver of any moral rights” (Copyright Act, s. 14.1).
Here is why that matters. Even after you own the copyright, the original creator keeps a right to object to changes that distort the work. If you plan to cut the brand film into 15-second ads, add new footage, or swap the music, you want a written moral-rights waiver alongside the assignment. It is one sentence, and it avoids an awkward call when your next agency re-edits the piece.
Copyright in a video lasts for decades, far longer than any marketing campaign. Whatever you sign now still governs that footage long after the project is closed out.
Which clauses should a video production contract include?
Six clauses cover nearly every ownership dispute we have seen. Ask for them before the shoot, not after the invoice.
- Copyright in the final deliverables: assigned to you on full payment, or an exclusive licence with the channels and term stated.
- Raw footage: ownership, file format, delivery date and retention period, in writing.
- Moral-rights waiver: the creators waive moral rights in your favour, so you can re-edit and repurpose.
- Third-party materials: music, stock footage, fonts and graphics are listed, with what the licence allows and when it expires. You can own the video and still lose the right to the song in it.
- Producer’s portfolio use: whether the video company may show the work in its reel or case studies, and whether you get to approve it.
- People and property: who collects the releases from people on camera, and who gets permission from the property owner where you film.
Clause 4 is the one that catches companies out. A licence for a music track may cover web use and not paid ads, or one year and not five. Ask for the licence terms with the delivery files. Our post-production planning checklist covers what should be in that delivery package.
How do I fix it if I never had a contract?
Ask for a written assignment now. Most production companies will sign one for work they have been paid for, especially for an ongoing client. Ask for the raw files at the same time.
Work through it in this order:
- List what you have: finished videos, where they are published, and what raw files you hold.
- Ask the producer for a short assignment letter covering the listed videos and the raw footage, signed by the company.
- Request a moral-rights waiver in the same letter.
- Ask for the music and stock licence details for each video, so you know what you can keep running.
- Keep the signed letter with the files. The next time someone asks “can we use this?”, the answer takes one minute.
If the producer will not assign, negotiate a written licence that covers your actual uses. A clear licence beats an unclear ownership claim.
FAQ
I paid in full. Doesn’t that make me the owner? No. Payment does not transfer copyright in Canada. Ownership moves through employment (s. 13(3)) or a signed written assignment (s. 13(4)).
Can the video company use my project in their portfolio? If they own the copyright, generally yes, unless your contract limits it. If confidentiality matters on a project, say so in the agreement before the shoot.
Does owning the video mean I can use the music anywhere? No. Music and stock footage are licensed separately, and the licence sets the limits. Get the terms in writing.
What if my own employee filmed it on a company phone? If they filmed it as part of their job, your company is the first owner under s. 13(3), unless an agreement says otherwise.
Do the people in the video affect ownership? Not copyright ownership, but you still need their consent to use their image and words. That is the release, which is a separate document. See our corporate testimonial guide for how releases fit into approvals.
Can I take my footage to another agency? If you own the copyright and hold the raw files, yes. If you only hold a licence, check whether it allows other parties to edit the work.
Want a production agreement that answers these questions up front?
On every project, we put ownership, raw-footage delivery and music licensing in writing before the first shoot day, so the library you build is yours to use. The story belongs to your customers. The footage should belong to you.
See how we work on our video production services in Calgary page, or book a free 30-minute call at storimaticstudio.com/contact-us or +1 587-215-9103. Founded in 2020, 150+ videos produced.
