The exception for non-commercial user-generated content in canadian law

A major reform of Canada’s copyright law occurred in 2012. As the title of the amendment law suggests (Copyright Modernization Act), the principal aim was to adapt the law to the digital environment. It led to an improvement in the position of authors and other rightholders: they are granted new rights and an effective system of protection of technological measures is established for them.

In return, and to maintain a balance, the law contains a set of provisions to meet the “legitimate expectations” of users. The latter are well organized in active and influential lobbies. New exceptions have been introduced in favour of institutions (educational institutions, libraries, museums and archives) or for individuals, as the case may be. The exception for “non-commercial user-generated content” forms part of the pack. It has no equivalent elsewhere.