Amendments to the Copyright Act

1. Overview

In 2012, through Bill C-11, the Copyright Act was amended in Canada to offer protections suited to the digital era and the issue of AI-generated content. The amendments provide protections against copying original works without permission, including deepfakes that mimic copyrighted works, performances, or likenesses.

2. Scope of the Legislation

The Copyright Act protects against infringing acts of copying, adapting, and distributing copyright works, now including digital creation works like deepfakes, which are both produced and shared. It also outlines permissible use exceptions of fair dealing, which may be in the realm of satire, education, or news reporting. However, research found that the exceptions of legitimate use would not have included AI-generated media that is potentially misleading or harmful.

3. Key Provisions

• Prohibited Proceedings: According to § 27, it is against the law for anyone to do something that only the copyright owner has the right to do, unless they get permission from the copyright owner. Section 3(1) gives copyright owners exclusive rights to “to reproduce the work or to present an adaptation of it in any material form.” 
• Consent: A person may require consent if a deepfake uses a human being’s voice, performances, or likeness, and the underlying content is protected by copyright.
• Duties of Platforms: Online platforms in Canada must respond to takedown notices. They must let their users know when someone says they have broken copyright laws..

4. Penalties & Enforcement

• Penalties: If someone violates copyright without making money from it. Then, they could face fines between $100 and $5,000. However, if the violation is for a commercial purpose, the fines could reach up to $20,000 for each event of non-compliance.
• Enforcement Authority: If someone intentionally violates copyright laws, they could face penalties such as search costs, fines, or even jail time. The Federal Court and the Canadian Intellectual Property Office handle the enforcement of these laws.

5. Important Cases or Precedents

Going deeper into fair dealing, the “SOCAN v. Bell Canada” (2012 SCC 36) case provided a frame of the threshold’s boundaries and examples of the framing that will ultimately inform future decision-making regarding AI-generated content that violates copyright. 

6. Comparison to other global copyright Updates

Canada’s copyright changes have more restrictions than many of the U.S. fair use guidelines. They are closer to the protection levels of EU Copyright, ultimately endorsing that creators have more control of their digital derivatives.  

7. Practical Implications 

Creators should be wary of using or including copyrighted material/appropriation into works created by AI unless they have the rights/permission to do so. People who are offended can only issue a takedown notice or litigate. Websites must inform users of purported infringements. 

8. Looking to the Future

Current policies include discourse about more precise regulation for the use of AI-generated content, or more clarity about individuals’ rights regarding the use of their likeness or voice, or a copy of their likeness or voice.