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.