Who owns your video footage in Canada?
By default, the videographer owns the copyright in the footage they shoot, even when you commissioned and paid for the video. In Canada, ownership only moves to you through a written assignment. Here is how it works and what to put in the contract.
The default rule
Under Canada’s Copyright Act, the author of a work is the first owner of its copyright. For video, that is the person or company that created it. Unlike the American “work for hire” doctrine, hiring an independent videographer in Canada does not transfer ownership to you. The main exception is employees: work created by an employee in the course of their job belongs to the employer, which is why a production company owns what its staff shoot, and you do not own what your contractor shoots.
What you actually buy
When you pay for a video, you are buying the finished deliverables plus the usage rights in your agreement. Many Toronto companies assign full ownership of the final video on payment; others licence it for defined uses. Both are legitimate. The problem is when nothing is written down, because then the default applies and the creator owns it.
Raw footage is its own question
Ownership of the final video and possession of raw files are separate issues. Industry norm in Toronto: the production company keeps the raw footage and archives it for a period, and will quote a fee to hand it over. If future re-edits matter to you (a new editor, cutdowns next year), negotiate raw-file delivery or a buyout price up front. It is a standard question to ask before signing.
The three lines your contract needs
- Ownership or licence: “All rights in the final deliverables are assigned to the client on final payment,” or a licence naming the permitted uses.
- Raw footage: who keeps it, how long it is archived, and what delivery costs.
- Music, stock, and talent: confirmation that third-party licences cover your intended use, including paid ads if you may ever run them.
General information about common practice, not legal advice. For contracts with significant value, have a lawyer review the rights language.
Hiring soon? Read how to hire a videographer in Toronto or get free advice.
Footage ownership: FAQ
- If I paid for the video, do I own it?
- Not automatically in Canada. Paying for production buys you the deliverables and whatever usage rights the agreement gives you. Copyright stays with the creator unless your contract assigns it to you in writing.
- Who owns the raw footage?
- By default, the videographer or production company. Most keep raw files as standard practice. If you want the raw footage, negotiate it before the project and expect it to be either included, sold as an add-on, or declined.
- What should my contract say about ownership?
- Either a written assignment of copyright to you on final payment, or a clear licence spelling out where, how, and for how long you can use the video, including paid advertising if you may ever run it as an ad.
- Can the production company use my video in their portfolio?
- Only with whatever rights they kept or you granted. Portfolio use is a common and reasonable ask, but it should be stated in the agreement, especially for internal or sensitive content.