Canada's copyright regime strives for balance between user and creator rights.
The Copyright Act contains numerous exceptions for users – so called because they provide exceptions to uses of copyright-protected content that would otherwise be considered infringement.
In your field, you might rely on your rights as both a user and creator.
Fair dealing is an exception in the Copyright Act (s. 29) that permits use of copyright-protected works without payment or permission from the copyright owner for eight purposes:
The Supreme Court of Canada has said that fair dealing is more than an exception to infringement: It is a user's right.
Fair dealing must be assessed on a case-by-case basis, because the facts of each use are unique. The Supreme Court of Canada outlined six factors to help determine if a particular use (or "dealing") of a copyright-protected work is fair.
The Copyright Act includes an exception that allows you to create a new work from existing works (in other words, a mash-up), provided that you:
See Copyright Act, Section 29.21 (Non-Commercial User Generated Content)
It is not an infringement of copyright for any person to reproduce (paint, draw, photograph, film) an architectural work or a sculpture/work of art that is permanently situated in a public place or building.
See Copyright Act, section 32.2(1).
Photo by Stephen McMennamy
Please note that the information provided on this site is for educational purposes and is not intended as legal advice.