Copyright Act
The Copyright Act is Canada’s primary legislation governing copyright protection. The Act protects original literary, dramatic, musical, and artistic works, as well as performer’s performances, sound recordings, and communication signals. Copyright protection is automatic upon creation. The Act grants copyright owners the exclusive right to produce, reproduce, perform, publish, adapt, and communicate their works. The Act includes fair dealing exceptions (research, private study, education, parody, satire, criticism, review, and news reporting) and specific exceptions for educational institutions, libraries, archives, and museums. The Act also addresses digital lock circumvention and Internet service provider liability. The Copyright Board of Canada certifies tariffs for collective management organizations.
Legal area: Intellectual property law protects creations of the mind, including copyright, patents, trade-marks, and industrial designs.
Year enacted: 1985
Full text: https://laws-lois.justice.gc.ca/eng/acts/C-42/
Key Provisions
- Section 3: Rights of copyright owner (reproduction, performance, publication, adaptation)
- Section 5: Works eligible for copyright (original literary, dramatic, musical, artistic)
- Section 6: Duration (life of author plus 70 years for works)
- Section 29: Fair dealing for research, private study, education, parody, satire
- Section 29.1: Fair dealing for criticism or review
- Section 29.2: Fair dealing for news reporting
- Section 34: Infringement and remedies
- Part VIII: Private copying (levy on blank audio recording media)
Significance
The Copyright Act has been significantly amended to address digital technologies. The 2012 Copyright Modernization Act (Bill C-11) expanded fair dealing, introduced digital lock provisions, and limited ISP liability. The 2022 amendments (Bill C-11) modernized broadcasting and the 2023 amendments (Bill C-19) removed the requirement for a levy on blank media. The Supreme Court’s 2012 “Copyright Pentalogy” (five decisions) significantly expanded the scope of fair dealing, interpreting it as a user’s right rather than a mere defence.