Canadian Copyright Law - Sources of Law

Sources of Law

Like most other common law countries there are no inherent rights to works, performances, or sound recording at the common law. Copyright exists solely in statute. According to section 91(23) of the Constitution Act, 1867 the federal government is granted exclusive power to enact laws related to copyright. The evolution of copyright in Canada has been guided by international treaties signed by Canada that try to unify copyright laws across the globe.

Canada is a party to the Berne Convention for the Protection of Literary and Artistic Works of 1986 and has signed but not yet ratified both the WIPO Copyright Treaty of 1996 and the WIPO Performances and Phonograms Treaty of 1996.

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