What is copyright infringement in Canada?

What is copyright infringement in Canada?

Copyright infringement occurs where a person wrongfully uses your work without your permission or does anything only an owner is allowed to do, as stated in the Copyright Act . Copyright laws in Canada grant authors moral rights in addition to the economic rights in their works.

What is the punishment for copyright infringement in Canada?

These primarily deal with infringement that involves sale or rental of copyrighted materials, and can result in fines of up to $1,000,000 or prison sentences of up to 2 years for indictment. For a summary conviction, the maximum fine is $25,000 and prison term is limited to 6 months.

How do I sue for copyright infringement in Canada?

To establish a claim for copyright infringement, you must be able to prove the following:

1. copyright subsists in the work or content in question.
2. you are the owner of the copyright in the work or content.
3. the work or content (or elements of it) was infringed.

What happens if you are caught copyrighting?

The legal penalties for copyright infringement are: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs.

Who is responsible for copyright infringement in Canada?

Under section 41.23 of the Canadian Copyright Act, only a party that owns the copyright to the work or a party that derives title, right or interest in the copyright in writing from the copyright owner may pursue legal remedies for infringement.

Do you have to mark your work with copyright in Canada?

No. Marking your work with the copyright symbol is not mandatory under Canadian copyright law. The marking consists of the symbol , the name of the copyright owner and the year of first publication. Although it is not always required, the mark is a useful reminder that your work is protected by copyright.

What is Section 3 of the Copyright Act in Canada?

Section 3 of the Canadian Copyright Act stipulates that the copyright owner is the sole entity who may rightfully reproduce the work or a substantial part thereof. The key word here, however, is “substantial”. Excerpts of the work, such as quotes or short clips in many cases may be replicated without penalty.

Is the term of copyright extended in Canada?

Canada has committed to extend the general term of copyright to life of the author plus 70 years, and this legal change is yet to be implemented into Canadian law. There are special rules for the term for anonymous/pseudonymous works, as well as posthumous works.