Copyright law in Canada is governed by the federal Copyright Act (R.S.C., 1985, c. C-42). The authority to legislate copyright is granted to the federal government under the Constitution Act, 1867. Copyright protects original works of authorship that are fixed in a tangible form of expression, provided the work meets the requirement of originality. Copyright does not protect ideas, concepts, methods, or factual information.
What Is Protected?
The definition of “works” under Canadian copyright law includes:
- Literary works: Books, poems, essays, and software.
- Dramatic works: Screenplays, plays, and scripts.
- Musical works: Songs and sheet music.
- Artistic works: Paintings, drawings, photographs, sculptures, and architectural works.
Sound recordings, performer’s performances, and communication signals are also protected under the Copyright Act as “subject matter other than works.”
Aspects of Copyright Law
- Registration
- Copyright Ownership
- Fair Dealing
- Infringement
- Enforcement
Exclusive Rights of Copyright Holders
Copyright holders have exclusive rights to:
- Reproduce the work.
- Publish the work.
- Perform the work in public.
- Communicate the work to the public by telecommunication.
- Translate or adapt the work.
- Rent out computer programs or musical works.
These rights can be enforced through legal action in cases of copyright infringement.
Fair Dealing in Canada
The fair dealing exception allows limited use of copyrighted works without permission, provided the use falls under one of the permitted purposes: research, private study, criticism, review, news reporting, education, parody, or satire. Courts assess fair dealing by considering factors such as the purpose, character, amount, and effect of the use on the copyrighted work.
Moral Rights in Canada
Authors of copyrighted works also have moral rights, including:
- Right of attribution: To be recognized as the author.
- Right to integrity: To object to modifications that could harm the author’s reputation or honor.
Moral rights are distinct from economic rights and cannot be transferred, although they can be waived.
Registration of Copyright
Registration is not mandatory in Canada. Copyright exists automatically upon the creation of an original work. However, registering with the Canadian Intellectual Property Office (CIPO) provides evidence of ownership and is beneficial for enforcement purposes.
Duration of Copyright Protection
- Works created by an individual: Copyright lasts for the life of the author plus 70 years.
- Joint authorship: Copyright lasts for 70 years after the death of the last surviving author.
- Anonymous or pseudonymous works: Protected for the lesser of 75 years after publication or 100 years after creation.
- Crown copyright (government works): Protected for 50 years from the date of creation.
Once the term of protection expires, the work enters the public domain, and copyright protections no longer apply.
Works Published Before 2023
In 2022, Canada extended the general term of copyright protection from the life of the author plus 50 years to life plus 70 years. This extension applies retroactively to works still under copyright as of December 30, 2022.
Last Reviewed January 2025