User’s Rights (User-Generated Content Exception)

The Canadian Copyright Act explicitly allows the use of copyrighted works in the creation of a new non-commercial work, as long as: 

• the original work is property attributed 
• the original work does not infringe on some other work’s copyright
• the new work is for non-commercial purposes
• the new work does not adversely affect the market for the original work

User in this context refers to an individual, not a corporation.

What about Dance club DJs?

Performing such songs at clubs and bars is legal because the bar or club typically pays the royalties for the performances of copyrighted material.