Breaking digital locks and other technological protection
measures (e.g., passwords, activation keys, encryption) is now
illegal; same for removing or changing digital information about
Online services that enable infringement (e.g., file-sharing
sites) may be liable for the infringement because they provided the
Owners of sound recordings have the sole right to make them
available, including on the Internet.
Performers now have moral rights in their performances,
including the right to the integrity of the performance and to be
associated with it or to remain anonymous.
Fair dealing "user rights" now extend to education,
in addition to research, commentary, and private study, criticism,
review, and news reporting.
Fair dealing "user rights" also now extend to parody
or satire (e.g., films like Scary Movie and Not Another Teen
Using copyrighted works like songs in user-generated,
non-commercial content may not be an infringement (e.g., posting a
montage of your wedding to YouTube that includes a popular song
playing in the background).
Making copies for private purposes may not be an infringement
(e.g., turning a VHS collection of yours into DVDs).
Making copies for later listing or viewing may not be an
infringement (e.g., recording a program on your PVR).
Making copies for encryption research; backups; testing the
security of a computer, system, or network; the interoperability of
computer programs; or making temporary copies that are essential to
a technological process may not be an infringement.
Network service providers and hosts do not infringe copyright
solely by providing the network or hosting services.
Statutory damages for copyright infringement by individuals are
now fixed between $500 and $20,000 for commercial purposes, and
$100 and $5000 for non-commercial purposes. The statutory damages
are for each work or other subject matter at issue in the case of
infringement for commercial purposes, and for all works or other
subject matter in the case of infringement for non-commercial
There are also a number of provisions specific to education
institutions, libraries, archives, and museums.
Note that there are conditions and limitations for many of these
The notice and notice provisions for Internet Service Providers
(ISPs) and search engines are not yet in force. They will come into
force when regulations are issued. The provisions relating to
national treatment for nationals of the World Intellectual Property
Office (WIPO) treaty nations will come into force when Canada
implements the WIPO Copyright Treaties.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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