Brief History of Canada's Copyright Legislation

by Vandana Taxali / Entcounsel

Copyright legislation is fundamental in recognizing and protecting the rights of creators, ensuring they are compensated for the use of their work and allowing copyright owners to control how their creations are utilized. Rooted in principles established over a century ago, Canada’s copyright law has evolved significantly to meet new challenges brought by technological advancements and changing societal needs. Here’s a look at the journey of Canada’s Copyright Act and its key amendments.

It is acknowledges the right of a copyright owner to control the use of their work. Case law originally has held that the object and purpose of the Copyright Act is to benefit authors.  Our current Act is based on the British Act of 1911. It was enacted in Canada in 1924, effective January 1, 1924.  The principal amendments occurred in 1988 and 1997 known as Phase One and Phase Two respectively.

The Act received its first major amendment in 1988 during Phase One Copyright Reform which established the use of copyright collectives and the formation of the Copyright Board (also moral rights, three-dimensional reproduction, computer programs).

Phase Two brought on the second wave of amendments which were implemented in Bill C-32. Bill C-32 was assented to on April 25, 1997, and introduced provisions relating to new remedies and new library exceptions which will be discussed later.  All of the provisions of Bill C-32 are now in effect.

Phase Three addresses issues raised by new technologies and the new communications environment including the Information Highway.

Origins and Early Legislation

The Canadian Copyright Act, originally modeled after the British Copyright Act of 1911, was officially enacted on January 1, 1924. This foundational legislation laid the groundwork for protecting the intellectual property of Canadian creators and affirmed the rights of copyright owners to control the use of their works. At its core, Canadian copyright law is designed to benefit authors and creators, recognizing their contributions and enabling them to gain economic benefits from their work.

Phase One: The 1988 Copyright Reform

Canada’s first major revision to the Copyright Act came with the Phase One Copyright Reform in 1988. This amendment modernized the Act by introducing several key components:

• Copyright Collectives and the Copyright Board: This amendment established copyright collectives—organizations that represent copyright holders and negotiate licenses on their behalf. The formation of the Copyright Board allowed for fair and regulated handling of copyright tariffs, setting the stage for collective licensing in Canada.

• Moral Rights: Authors were granted moral rights, recognizing their personal connection to their work and protecting it from distortion or alteration without their consent.

• Protections for Three-Dimensional Works and Computer Programs: The reform also extended copyright protections to cover three-dimensional reproductions and software, adapting to technological progress and the needs of emerging industries.

Phase Two: Bill C-32 and 1997 Revisions

Phase Two brought further modernization in 1997 with the passage of Bill C-32, which added a range of new rights and exceptions:

• New Remedies and Enforcement Mechanisms: Bill C-32 introduced enhanced legal remedies for copyright infringement, allowing copyright holders to seek stronger penalties against unauthorized use of their works.

• Library Exceptions: Recognizing the role of libraries, archives, and educational institutions, the amendment introduced new exceptions, allowing these organizations to use copyrighted materials for specific purposes, such as research and study, without infringing on copyright.

• Expanded Rights for Digital Works: As digital content became more prevalent, Bill C-32 extended protections to digital works, aligning Canadian copyright law with global standards and setting the groundwork for future digital rights management.

Phase Three: Responding to Digital Innovation and the Information Highway

Phase Three, anticipated to address the challenges of new technologies and the digital communications environment, is expected to consider issues like:

• Internet and Digital Distribution: Copyright law will need to adapt to the rise of digital distribution, balancing the rights of creators with public access to information.

• Information Highway and Emerging Media: With the growth of the internet and multimedia, Canada’s copyright legislation will likely address protections for content shared online, including streaming media, user-generated content, and the broader implications of the Information Highway.

This ongoing evolution of Canada’s Copyright Act reflects the need to balance creators' rights with societal and technological progress, ensuring that copyright law remains relevant in a rapidly changing world.