This web page is currently being updated to reflect recent changes in Canadian copyright laws, specifically the adoption of the Copyright Modernization Act. For more information on the state of copyright in Canada, see the Government of Canada’s Balanced Copyright website.
A sound recording, according to the Canadian Copyright Act, includes "a recording fixed in any material form, consisting of sounds, whether or not of a performance of a work, but excluding any soundtrack of a cinematographic work where it accompanies the cinematographic work."
Sound recordings may have multiple copyright protections:
Section 29.5 of the Copyright Act allows the playing of a sound recording on the premises of the educational institution "for educational or training purposes and not for profit, before an audience consisting primarily of students of the educational institution."
Audio broadcasts may not be copied and played later in class except under special conditions.
Copying a sound recording that includes a musical work for individual personal use onto a "blank audio recording medium" as defined by the Copyright Act is permitted. You cannot copy a sound recording for someone else or for any other purpose including selling/renting out, distributing, communicating to others, or performing the recording in public. The Copyright Act has established a system of levy fees on blank media for providing royalty payments to composers, performers and sound recording producers. (s.8). In Canada, the Canadian Private Copyright Collective is responsible for collecting and distributing private copying royalties.
Aside from the special exceptions for news broadcasts, you cannot generally copy a sound recording that does not include a musical work.
Special exceptions exist for persons with perceptual disabilities for reproducing a sound recording in alternative formats.
Distributing a sound recording, such as making it digitally available through the Web, making copies for students etc., requires the payment of royalty fees.
The Neighbouring Rights Collective of Canada collects and distributes royalties for distribution and/or broadcasting of sound recordings.
Some exceptions may apply under the fair dealing provisions.