Copyrights Law in Canada
Here is a detailed overview of Copyright Law in Canada:
🇨🇦 Copyright Law in Canada
📘 Legal Framework
Governing Legislation: Copyright Act (R.S.C., 1985, c. C-42)
Amended numerous times, most notably in 2012 (Copyright Modernization Act) and 2022 (CUSMA-related updates).
Administered by: Canadian Intellectual Property Office (CIPO) and enforced through federal courts.
🧾 Types of Works Protected
Under Canadian law, copyright protects original expressions fixed in a tangible form. These include:
Literary works – books, articles, computer programs
Dramatic works – plays, screenplays
Musical works – compositions with or without lyrics
Artistic works – paintings, photos, maps, sculptures
Sound recordings
Performer’s performances
Broadcasts
Compilations and databases (if sufficiently original)
Note: Ideas, facts, methods, or procedures are not protected.
⏳ Duration of Protection
| Type of Work | Duration |
|---|---|
| Most works (author known) | Life of the author + 70 years (as of 2022) |
| Anonymous/pseudonymous | 75 years from publication or 100 years from creation |
| Sound recordings | 70 years from fixation (if published) |
| Government works | Crown copyright lasts for 50 years from publication |
Canada extended the copyright term from 50 to 70 years after the author's death in 2022 (to comply with the USMCA/CUSMA).
✅ Rights of Copyright Holders
1. Economic Rights
Reproduce the work
Perform or communicate the work to the public
Publish or authorize publication
Create derivative works
Distribute and sell copies
2. Moral Rights (automatically granted to authors)
Right of attribution
Right to integrity (prevent distortion or mutilation)
Cannot be transferred but can be waived
🛡️ Fair Dealing (Exceptions)
Canada recognizes fair dealing for:
Research or private study
Criticism or review
News reporting
Education
Parody or satire
The use must be "fair" and meet certain legal criteria, often determined by court decisions.
🏛️ Registration
Not mandatory, but registration with CIPO provides legal proof of ownership.
Can be done online for a fee (typically around CAD $50).
Registered copyrights can be enforced more easily in court.
⚖️ Infringement & Enforcement
Infringement includes:
Unauthorized reproduction or performance
Selling pirated works
Circumventing digital locks (e.g., DRM)
Remedies:
Civil: injunctions, damages, profit recovery
Statutory damages: up to CAD $20,000 per work (for commercial infringement)
Criminal: fines and imprisonment for willful or large-scale infringement
🌐 International Treaties
Canada is a signatory to key international copyright treaties, including:
Berne Convention
WIPO Copyright Treaty (WCT)
TRIPS Agreement
USMCA (CUSMA) – with extended protections and enforcement rules
📌 Notable Features of Canadian Copyright Law
Crown copyright: Government owns works created by its employees.
User-generated content exception: “YouTube clause” allows non-commercial remixes under certain conditions.
Digital locks: Circumvention is generally illegal, even for fair dealing.
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