To begin, here are some broad guidelines for understanding The Copyright Act of Canada:
- The CMRRA states that “copyright is a form of property.”
- Copibec explains that “copyright is one of the five traditional areas of intellectual property (IP) law.
- Éducaloi mentions that “in Canada, The Copyright Act has two main objectives: to protect existing works while encouraging the creation of new works.
- The Canadian Intellectual Property Office specifies that “copyright automatically protects the original work once it is created in a fixed form.”
The Copyright Act was passed in Canada in 1924. One year later, the first Canadian performing rights organisation for musical, literary, and dramatic works in Canada, the CPRS (Canadian Performing Rights Society) was established. In 1989, the Copyright Board was officially created in its current form. The Board’s mandate evolved over time and it was to the Board that the collectives negotiated the royalty rates. In 1990, SOCAN was formed through the merger of CAPAC (Composers, Authors and Publishers Association of Canada) and PROCAN (Performing Rights Organisation of Canada).