Canadian Copyright Law
[Updated: 20 Sep 2024]
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Purpose
This page provides an introduction to the basics of copyright law in Canada. It is not intended as a complete reference, nor does it address issues relating to ownership of material created during the course of employment at the University of Alberta. To learn more about copyright ownership for works made in the course of employment, see For Content Creators.
What is Copyright?
Copyright is the exclusive legal right to reproduce, publish, and sell a work. The Copyright Act provides the legal framework for copyright protection to authors/creators and other rights holders in “works”.
Copyright in a work comes into existence when an original work is created in a fixed format. Protected works fall under the categories of literary (which includes computer programs), artistic, dramatic or musical works, as well as other subject-matter such as performer's performances, sound recordings and communication signals.
It is important to note that the Copyright Act does not protect ideas, concepts, or themes, but that it does protect original language used to express such ideas, concepts and themes.
To hold the copyright in a work is to hold the sole right to produce or reproduce that work or any substantial part of it in any form. It includes the right to perform the work or any substantial part of it or, in the case of a written lecture, to deliver it. If the work is unpublished, copyright includes the right to publish the work or any substantial part of it.
What is considered a substantial part can involve consideration of both quantitative and qualitative factors. To learn more, see the Substantiality page of this website.Related Opening Up Copyright Instructional Modules:
Benefits
The Copyright Act is usually presented as a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator (or, more accurately, to prevent someone other than the creator from appropriating whatever benefits may be generated). (Théberge v. Galerie d'Art du Petit Champlain inc. 2002 SCC 34, para 30)
Protecting Creative Expression
Poems, paintings, musical scores, performer's performances, computer programs – regardless of their merit or commercial value, Canadian law protects all original works, provided the conditions set out in the Copyright Act have been met.Copyright protection prohibits the copying of another person's work without their permission. This is intended to protect the interests of rights holders while encouraging creativity and promoting the exchange of ideas.
Protecting the Public Interest
An important goal of copyright is the enrichment of societal public interest. Canadian copyright law ensures rights holders can receive reasonable compensation for their creations for a lengthy but limited period of time. The law ensures that copyright protection eventually expires, so that original works become part of the public domain.
In addition, the public interest is served by statutory limitations and exceptions on the rights of copyright owners. The users of copyright-protected works have rights that are also protected under the law. Users' rights are not simply loopholes to get around copyright protection, they are an essential element to a fair and balanced copyright regime.
User Rights are not just loopholes. Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation. (CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, para 48)Related Opening Up Copyright Instructional Module:
Protected Works
Copyright applies to every original literary, dramatic, musical and artistic work created by the author/creator using their own skill and judgment. It also applies to performer's performances, sound recordings and communication signals.
Each of these general categories covers a wide range of creations, and the applicable rights may differ somewhat. Examples of types of works are listed by category below.
Literary Works
Literary works consist of material such as books, pamphlets, computer programs, software and other text-based works in both electronic and paper formats.
Examples of literary works:
- Memoranda, email messages, letters, journals, books, magazines, newspapers, text books, talking books (the underlying work, not the recorded voice), periodicals, monographs, poetry;
- Government records and reports, pamphlets, genealogical materials, statistics, statutes, law reports, judicial decisions, forms, court records databases;
- Published and unpublished research papers, brokers' reports, stock reports, annual reports, industry standards, manuscripts, microforms (print on plastic), computer software;
- Theses, conference proceedings, Braille, postings to Internet newsgroups, large print materials, compilations of literary works on CD-ROMs and databases.
Adapted from About copyright, from Innovation, Science and Economic Development Canada, for non-commercial use under the terms of use applicable to the original versions.
Textual works in which a scenic arrangement or acting form is fixed in writing (e.g., a screenplay) fall within the dramatic category.
Dramatic Works
Dramatic works include motion picture films, plays, screenplays and scripts.
Examples of dramatic works:
- Video recordings, documentaries, films, radio, television and cable programs, plays, choreography;
- Any piece for recitation, choreographic work or mime, where the scenic arrangement or acting form is fixed in writing or otherwise;
- Cinematographic works (having dramatic character or not);
- Compilations of dramatic works on CD-ROM or other format.
Adapted from About copyright, from Innovation, Science and Economic Development Canada, for non-commercial use under the terms of use applicable to the original versions.
Musical Works
A musical work is any work of music or musical composition (with or without words), including sheet music, songs, audiocassettes, audio CDs and compilations of musical works.
Adapted from About copyright, from Innovation, Science and Economic Development Canada, for non-commercial use under the terms of use applicable to the original versions.
Artistic Works
Artistic works include creations such as paintings, drawings, maps, photographs, sculptures and plans.
Examples of artistic works:
- Paintings, drawings, illustrations, sketches, digital images, art prints, art slides;
- Photographs (includes photo-lithograph and any work expressed by any process akin to photography), engravings (includes etchings, lithographs, woodcuts, prints and other similar works),
- Patterns, stage and costume designs, mosaics;
- Sculptures (includes a cast or model), works of artistic craftsmanship, architectural works (meaning buildings or structures or any model of a building or structure), architectural drawings, plans;
- Maps, charts, atlases;
- Compilations of artistic works on CD-ROMs and on websites.
Adapted from About copyright, from Innovation, Science and Economic Development Canada, for non-commercial use under the terms of use applicable to the original versions.
Performer's Performances
The following are protected by copyright when done by a performer:
- a performance of an artistic, dramatic or musical work, whether or not the work was previously fixed (recorded) and whether or not the work's term of copyright protection has expired;
- a recitation or reading of a literary work, whether or not the work's term of copyright protection has expired; and,
- an improvisation of a dramatic, musical or literary work, whether or not the improvised work is based on a pre-existing work.
Examples include recorded performances of actors, authors, singers, musicians and dancers on tapes, cassettes, CDs, CD-ROMs, video recordings and films, compilations of performances by performers on records, CDs and in audiovisual formats.
Adapted from About copyright, from Innovation, Science and Economic Development Canada, for non-commercial use under the terms of use applicable to the original versions.
Sound Recordings
A sound recording is a recording consisting of sounds, whether or not a performance of a work, but excludes any soundtrack of a cinematographic work where it accompanies the cinematographic work.
Examples of sound recordings:
- Talking books, audio books, oral history tapes, vinyl albums, phonograph records, audio cassettes, CDs;
- Papers recorded at seminars, audio tapes of speeches and lectures, sound effects, spoken word recordings, language cassettes for ESL;
- Compilations of sound recordings on CDs and other audio formats.
Adapted from About copyright, from Innovation, Science and Economic Development Canada, for non-commercial use under the terms of use applicable to the original versions.
Communication Signals
Communication signals include radio waves transmitted through space without any artificial guide, for reception by the public (e.g., television and radio signals).
Duration
The duration of a work’s copyright term is based on factors such as the type of work, whether the author/creator is still alive, and the date the work was created or published. Once the copyright term expires, the work enters the public domain. A work in the public domain is free for anyone to use without permission or the payment of royalties. To learn more about the public domain, see the Public Domain page.
General Term
Generally, copyright lasts for the life of the author plus an additional 70 years. Specifically, this means the remainder of the calendar year in which the author dies, and for 70 years following the end of that calendar year. Therefore, if an author died on 01 July 2020, copyright protection in that author’s works will expire on 31 December 2090. The term length had been life plus 50 years, but this was increased effective 30 December 2022, without retroactive effect.
Exceptions to the General Term
There are specific types or characteristics of works which have copyright terms that differ from the general term. These include cases of joint authorship, an unknown author, or posthumous works. Additionally, the duration of the copyright term for performer's performances, sound recordings and communication signals (broadcasts) differs from that of literary, artistic, dramatic or musical works.
The Canadian Copyright Term and Public Domain Flowchart can assist in determining the copyright term based on the specific characteristics of any work.
Special Cases – Crown Copyright
Copyright in government publications created for or published by the Crown lasts for the remainder of the calendar year in which the work is first published, and for 50 years after that.
If copyright in a government publication is held by a personal author, then the general term of copyright would apply.
In addition, Section 12 of the Copyright Act stipulates the following, which implies that unpublished government works are protected by copyright in perpetuity (forever):
Without prejudice to any rights or privileges of the Crown, where any work is, or has been, prepared or published by or under the direction or control of Her Majesty or any government department, the copyright in the work shall, subject to any agreement with the author, belong to Her Majesty and in that case shall continue for the remainder of the calendar year of the first publication of the work and for a period of fifty years following the end of that calendar year. (s. 12)
Ownership
In the case of copyright-protected works, there are certain things that only the copyright owner can do with those works unless they explicitly permit it. These include printing, reproducing, publishing, communicating, performing, or transmitting the work or any substantial portion of the work (subject to certain exceptions).
Who Owns Copyright?
Author/Creator
As a general rule, the author/creator is the first owner of copyright in a work, and copyright exists immediately upon the creation of the original work. In cases of joint authorship, ownership is shared among the authors. The owner(s) of a work may assign or license their rights, in whole or in part, via a written agreement. For example, an author may transfer ownership via an assignment of their rights to their publisher under the terms of a publishing contract as a condition of publication.
Employer of the Author/Creator
An author/creator of an original work does not always own copyright. In some cases, copyright is owned by another person (individual or other legal entity) at the time it is created, and in some cases the author/creator transfers their rights to another party.
If a work was created during the course of employment, the author's employer is normally the first owner of the copyright in those works, except when an agreement is in place to state otherwise (e.g., a collective agreement). See s. 13(3) of the Copyright Act.
Performer, Maker, or Broadcaster
For performances, recordings and broadcasts, the copyright owner is usually:
- the performer, in the case of a performer's performance;
- the maker, in the case of a sound recording (person by whom the arrangements necessary for the first fixation of the sounds are undertaken);
- the broadcaster who broadcasts the communication signal, in the case of a communication signal; or,
- any other person who has obtained ownership through an assignment (transfer of rights).
Related Opening Up Copyright Instructional Modules:
Rights of Ownership
Economic Rights
The economic rights available to rights holders under the Copyright Act include the right to produce, reproduce, publish, translate, authorize, and convert a work. Any or all of these may be for commercial purposes. See s. 3 of the Copyright Act.
Moral Rights
Section 14 of the Copyright Act sets out the moral rights of an author/creator.
An author/creator may exercise the following moral rights as provided for in the Copyright Act:
- Right of Paternity
This right includes the right to claim authorship, the right to remain anonymous, or the right to use a pseudonym or pen name. - Right of Integrity
In the case of a work being adapted, modified or translated, the author/creator's right of integrity must be respected. As stipulated in the Copyright Act, an author/creator's right to the integrity of their work is violated if the work is a distortion, mutilation or modification of the work that is prejudicial to the honour or reputation of the author/creator. - Right of Association
Part of the right of integrity is an author's/creator's right of association. This means that an author/creator has the right to prevent anyone from using their work in association with a product, service, cause, or institution.
Related Opening Up Copyright Instructional Modules:
For Creators
Copyright protection comes into existence when an original work is created in a fixed format. It consists of the exclusive legal right to reproduce, publish, and sell a work. The author/creator is generally the first owner of copyright, but there are exceptions (e.g., for works made in the course of employment).
Authors/creators who want to publish or sell their work should carefully consider the options available to them. The terms of a publishing agreement, for example, might require the transfer of all economic rights for the entire term of copyright. Alternatively, authors/creators who openly license their work can retain ownership of the copyright, while promoting broad distribution and sharing of their work under specific terms of use.
To learn more about issues relevant to authors/creators, see the For Content Creators page.
For Users
Under the Copyright Act, only the copyright owner (rights holder) of a copyright-protected work can legally copy or share any substantial portion of that work. However, there are certain limitations and exceptions that allow a user (someone other than the rights holder) to reproduce substantial portions of copyright-protected works. To learn more, see Fair Dealing and Other Exceptions.
Our Five Step Analysis for Using Copyright-protected Material is intended to help users determine how works may be used and whether or not permission is required.Related Opening Up Copyright Instructional Modules:
Infringement
Infringement is the term used to indicate a breach or violation of copyright law. Determinations of infringement and any resulting liability or statutory damages are decided in a court of law.
There are two kinds of infringement: direct and indirect.
Direct Infringement
Direct infringement is where someone, without the permission of the rights holder, does something with a protected work that only the copyright owner has the right to do or authorize. For example, only the copyright owner has the right to make a copy or authorize the making of a copy of a protected work. When a person makes an unauthorized copy, this is direct infringement, unless an exception applies. For more information on exceptions to copyright infringement, see Fair Dealing and Other Exceptions.
Indirect Infringement
Indirect infringement refers to dealings with infringing copies of protected works, including unauthorized public performances of protected works. These usually concern commercial dealings through sales of copies, commercial distribution, and trade.
Remedies
As described in the Copyright Act (s. 34), a copyright owner is entitled to remedies if their economic or moral rights have been infringed.
Where copyright has been infringed, the owner of the copyright is, subject to this Act, entitled to all remedies by way of injunction, damages, accounts, delivery up and otherwise that are or may be conferred by law for the infringement of a right. (s. 34(1))