What counts as infringement in Canada
Under the Copyright Act, the rights holder has the sole right to reproduce a work or any substantial part of it. Infringement doesn't require an exact copy — reproducing a substantial part, adapting a work into another form, or authorizing someone else's copying can all infringe.
Not every use is infringement. Fair dealing permits limited uses for research, education, criticism, review, parody and news reporting. Independent creation is a complete answer. Whether a use crosses the line is a fact-specific question — which is why early legal assessment matters.
Common infringement scenarios
- —A competitor reproduced your website copy, photography or product descriptions.
- —Your photograph, illustration or design is being used commercially without a licence.
- —Copied content is appearing on marketplaces, social platforms or competitor sites.
- —A former contractor or employee is reusing work created for your business.
- —Your software, code or documentation appears in someone else's product.
- —Your content is being reproduced outside Canada.
Factors that may affect your matter
- Whether the copied portion is a "substantial part" of the original work
- Whether a fair dealing or other statutory exception could apply
- Whether ownership and chain of title are clearly documented
- The infringer's identity, location and ability to satisfy a judgment
- Commercial vs. non-commercial character of the infringing use
- Limitation periods and how long the infringement has continued
How a infringement matter typically proceeds
STAGE 1
Assessment
Ownership, the strength of the claim, possible defences and the practical value of enforcement are evaluated.
STAGE 2
Evidence & strategy
Evidence is preserved and an enforcement route is chosen — takedown, demand, negotiation or proceedings.
STAGE 3
Demand or takedown
Most matters begin with a well-drafted demand letter or platform takedown, often resolving without court.
STAGE 4
Resolution or litigation
If needed, proceedings may follow in Federal Court or provincial courts, with remedies including injunctions and damages.
Copyright Infringement FAQs
No. Copyright arises automatically in Canada, and you can enforce an unregistered copyright. Registration creates a presumption of ownership that can simplify a dispute, and it can still be obtained after infringement is discovered.
Think your work has been copied?
Describe what was created and how it's being used. Your matter will be reviewed to determine appropriate next steps.