The legal framework
Canada extended its copyright term from life plus fifty to life plus seventy years with effect from 30 December 2022, without reviving works already in the public domain. Fair dealing is a closed list of purposes but a generous one, including education, parody and satire. Section 29.21 contains a distinctive non-commercial user-generated content exception, sometimes called the mashup provision.
Key points
| Term | Life plus 70 years since 30 December 2022; works already public domain stayed public domain |
|---|---|
| Fair dealing | Research, private study, education, parody, satire, criticism, review, news reporting |
| Section 29.21 | Non-commercial user-generated content exception, unique to Canada |
| Notice and notice | Rights holders' notices are forwarded to subscribers; no takedown obligation |
| Statutory damages | Capped at a low figure for non-commercial infringement |
| Moral rights | Cannot be assigned, only waived |
| Crown copyright | Reduced in scope, with much government material openly licensed |
| Statutory damages cap | Low for non-commercial infringement, deliberately |
In practice
- Assume everything you find online is protected: absence of a copyright notice means nothing.
- Look for an explicit licence — Creative Commons, a stock licence, a written permission — and keep a copy of it.
- Credit alone is not a defence: attribution does not replace permission.
- For anything commercial, get permission in writing and keep it for as long as you use the work.
- Do not pay a settlement demand attached to a forwarded notice without checking the statutory cap.
Recent changes
The term extension took effect on 30 December 2022 under the Canada-United States-Mexico Agreement.
Where to go
- Canadian Intellectual Property Office.
- Access Copyright and SOCAN.
- Federal Court for infringement claims.
Worth knowing
The cap on statutory damages for non-commercial infringement was introduced to stop mass letter campaigns against individuals: a demand for thousands of dollars over a personal download is usually not enforceable at that level. Forwarded notices often contain settlement demands that exceed what a court could award. The statutory cap for non-commercial infringement is deliberately low.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations