Cameron Miranda
Canada's copyright law grants copyright owners the exclusive right to create or recreate a work and the exclusive right to ownership. The current copyright law in Canada was established by the Copyright Act of Canada, which was first passed in 1921 and has since been amended several times, most recently in 2024. The responsibility for enforcing the lawful use of copyrighted works lies with their owners, who can grant permission for their use or apply for an unlocatable copyright owner license from the Copyright Board of Canada if the owner cannot be found.
| Characteristics | Values |
|---|---|
| Copyright law in Canada | Governs the legally enforceable rights to creative and artistic works under the laws of Canada |
| First Canadian colonial copyright statute | The Copyright Act, 1832 |
| Current copyright law | Established by the Copyright Act of Canada, which was first passed in 1921 and substantially amended in 1988, 1997, and 2012 |
| Powers to legislate copyright law | Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867 |
| Copyright duration | 50 years after the creator's death, or 50 years after publication if the work was not published at the time of death |
| Copyright protection for works published on or after December 30, 2022 | Additional 20 years of protection |
| Copyright protection for works whose copyright expired before December 30, 2022 | No additional 20 years of protection |
| Exceptions to copyright protection | Crown or government works, works of joint authorship |
| Copyright enforcement | Responsibility of the copyright owner; can include the right to create or recreate a work, publish the work, perform it in public, translate and disseminate translations, convert it between artistic mediums, present it by telecommunication or other means, and rent it out |
| Fair dealing | Term corresponding to "fair use" in the US, allowing limited use of copyrighted work without permission for purposes such as commenting on, criticizing, or parodying |
| Statutory limitations and exceptions | Serve the public interest by protecting the rights of users of copyright-protected works |
| Copyright protection for musical works | Any work of music or musical composition (with or without words), including sheet music, songs, audiocassettes, audio CDs, and compilations |
| Copyright protection for artistic works | Creations such as paintings, drawings, maps, photographs, sculptures, and plans |
| Copyright protection for websites | May be considered a creative work if original, not copied, and the product of skill and judgment |
| International copyright protection | Provided by the Berne Convention, which has 181 contracting parties, including Canada and the US |
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What You'll Learn
The Canadian Intellectual Property Office (CIPO)
CIPO plays an integral role in the Canadian innovation ecosystem. It helps innovators and entrepreneurs grow their businesses in global markets and attract foreign investment to Canada. It does so by modernizing the national IP system and collaborating with its international counterparts. CIPO cooperates with its counterpart organizations around the world through international IP treaties. This continued collaboration with international partners and domestic stakeholders strengthens the Canadian IP regime and provides CIPO’s clients with opportunities to extract greater value from their creations and inventions.
CIPO administers the Trademarks Act, Trademarks Regulations, the Olympic and Paralympic Marks Act and the Olympic and Paralympic Marks Regulations. The Trademarks and Industrial Design Branch is responsible for processing filings, conducting examinations, and approving or refusing applications. If a trademark application is refused, there is a right of appeal to the Federal Court of Canada. If an application is approved, the Trademarks and Industrial Design Branch is responsible for advertising it in the Trademarks Journal and, ultimately, processing the registration and renewal of the trademark.
CIPO also administers the Patent Act and Patent Rules. The Patent Branch is responsible for processing filings, conducting examinations, and approving or refusing applications. If a patent application is refused, there is a right of appeal to the Commissioner of Patents. CIPO also administers the Copyright Act and Copyright Regulations. It is responsible for processing copyright applications, assignments, and licences. Copyright provides protection for literary, artistic, dramatic, and musical creations.
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Copyright Board of Canada
The Copyright Board of Canada is an independent administrative agency with department status under the Financial Administration Act. Its mandate stems from the Copyright Act, which was first passed in 1921 and has since been amended several times, most recently in 2012.
The Board's principal mandate is to set fair and reasonable royalties for copyright owners and users of copyright-protected works. It acts as an economic regulator by approving tariff proposals by copyright collective societies and as an arbitrator in private disputes and matters of public interest. The Board also has the right to supervise agreements between users and licensing bodies and to issue non-exclusive licences when the copyright owner cannot be located.
The Copyright Board plays a surveillance role in three ways: economically, by approving tariffs; in private disputes, as an arbitrator; and as an arbitrator of the public interest. The Board's activities are outlined in its Annual Report, which is presented to Parliament as required under Section 66.9 of the Copyright Act.
The Board has recently joined the Canadian Digital Regulators Forum, where it will share and collaborate with other members on matters relating to digital markets and platforms. It has also established an Advisory Working Group comprising various stakeholders to share advice and best practices regarding Board procedures and operational practices.
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Copyright Act, 1921
Canada passed its first colonial copyright statute in 1832 but remained subject to imperial copyright law established by Britain until 1921. The Copyright Act, 1921, came into force in 1924 and was closely modelled on the UK Copyright Act 1911. The term of copyright was extended to 50 years after the creator's death, and sound recordings were protected. In the case of engravings, photographs, or portraits, the initial owner of the copyright was the person who commissioned the plate or other original. The Act also abolished any remaining rights at common law.
The Copyright Act, 1921, was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the Act, but each of the bills failed to pass due to political opposition. Finally, in 2011, the Conservative Party introduced the Copyright Modernization Act (Bill C-11), which was passed and received Royal Assent on June 29, 2012.
The Act covers a wide range of creative and artistic works, including literary, dramatic, musical, and artistic works, as well as performer's performances, sound recordings, and communication signals. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage.
The copyright law of Canada governs the legally enforceable rights to creative and artistic works. It aims to protect the exclusive legal right to reproduce, publish, and sell a work. There are exceptions to this, such as for accessibility, encryption research, privacy, and security testing, reverse engineering for software compatibility, and law enforcement. These exceptions maintain a fair and balanced copyright regime, protecting both the rights of owners and users.
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Copyright duration
Canada's first colonial copyright statute was passed in 1832, though it was subject to imperial copyright law established by Britain until 1921. The current copyright law was established by the Copyright Act of Canada, which was first passed in 1921 and substantially amended in 1988, 1997, and 2012.
Federal and provincial government documents fall under Crown copyright, which lasts for 50 years from the date of publication. For example, a government document published in 1998 would be under Crown copyright until December 31, 2048.
It's important to note that copyright laws and their durations can be complex and may change over time. This information is provided as a general guide and may not cover all specific cases or exceptions.
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Copyright exceptions
Copyright laws in Canada are governed by the Copyright Act of Canada, which was first passed in 1921 and has since undergone substantial amendments, most recently in 2012. The Act includes several exceptions that allow for the use of copyright-protected works without requiring permission from the copyright holder. These exceptions serve the public interest by ensuring a balance between the rights of copyright owners and users.
One notable exception is "fair dealing," which permits the unauthorized copying, transformation, or sharing of copyright-protected works for specific purposes, including research, private study, education, parody, satire, criticism, review, and news reporting. To qualify under the fair dealing exception, the use must be for one of the enumerated purposes and must be considered fair according to the criteria established by the Supreme Court of Canada. Fair dealing is not merely a defence against copyright infringement but an integral part of the Copyright Act, recognising that copyright-protected works can be used in ways that further the objectives of copyright, such as promoting creativity and progress.
Educational exceptions are another important aspect of Canada's copyright law. These exceptions allow for the use of copyright-protected works in educational contexts, such as copying a work for display in a classroom or for use in exams or tests. However, certain conditions must be met, such as the work being copied by the educational institution or a person acting under its authority, and the work not being commercially available or available in an appropriate format at a reasonable cost.
Other exceptions to copyright infringement in Canada include situations involving accessibility, encryption research, privacy and security testing, reverse engineering for software compatibility, the creation of temporary recordings by broadcasters, and specific purposes related to law enforcement and national security. These exceptions highlight the dynamic nature of copyright law, which must adapt to new technologies and evolving societal needs.
While these exceptions provide important flexibility in the application of copyright law, it is crucial to recognise that they are not loopholes. Users must still respect the rights of copyright owners and ensure that their use of the work aligns with the permitted purposes and principles of fairness outlined in the Copyright Act and interpreted by the courts. When the intended use of a work does not fall within any exceptions, permission from the copyright holder is generally required.
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Frequently asked questions
The responsibility of monitoring and enforcing the lawful use of copyrighted work lies with the copyright owner. The Canadian Intellectual Property Office (CIPO), part of Industry Canada, also plays a role in enforcing copyright laws.
The Copyright Act grants copyright owners the sole and exclusive right to create or recreate a work, and an exclusive right to ownership. It also gives them the rights to publish the work, perform it in public, translate and disseminate translations of the work, convert it between artistic mediums, present the work by telecommunication or other means of exhibition, and rent out the work if applicable.
Copyright infringement occurs when someone other than the copyright owner exercises one of the rights exclusively granted to the copyright owner. Copyright owners have the right to reproduce, publish, and sell their work.
Fair dealing is the term used in Canada for what is known as fair use in the United States. It means that, in certain cases, a copyrighted work can be used without the owner's permission to a limited degree, for purposes such as commenting on, criticizing, or parodying a copyrighted work.
