Substance Law provides legal services relating to copyright infringement, copyright takedown requests, notice-and-notice compliance, digital platform disputes, and intellectual property enforcement across Canada. We assist both rights holders seeking to enforce copyrights and businesses or individuals responding to allegations of copyright infringement.
Copyright disputes frequently arise online through websites, e-commerce platforms, social media, marketplaces, user-generated content, digital advertising, software, photographs, videos, music, and written content.
We provide practical legal guidance relating to copyright enforcement, takedown procedures, platform complaints, and Canadian copyright compliance.
Canadian Copyright Law Framework
Copyright in Canada is primarily governed by the Copyright Act.
Copyright protection may apply to:
- written content
- photographs and images
- videos and audio recordings
- artwork and graphic designs
- software and code
- websites and digital content
- marketing materials and branding assets
Copyright generally protects original works and grants exclusive rights to reproduce, distribute, publish, and communicate those works.
Copyright Infringement Claims
Copyright infringement may occur when copyrighted material is used without authorization.
Common disputes involve:
- unauthorized copying of website content
- image and photograph use
- counterfeit or copied product listings
- unauthorized music or video use
- software copying
- reposting protected content online
- marketing and advertising materials
Infringement allegations may arise across websites, marketplaces, social media platforms, and digital businesses.
Copyright Takedown Notices
Rights holders may issue takedown demands or infringement notices seeking removal of infringing content.
We assist clients with:
- drafting copyright demand letters
- preparing takedown notices
- platform infringement complaints
- marketplace enforcement requests
- cease and desist correspondence
Properly drafted notices may help enforce rights while reducing unnecessary escalation.
Responding to Copyright Notices
Businesses and individuals receiving copyright allegations should assess the validity and implications of the claim.
We assist recipients with:
- reviewing infringement allegations
- preparing responses to notices
- assessing fair dealing or authorization issues
- responding to settlement demands
- platform dispute responses
Not all infringement allegations are legally valid or enforceable.
Canada’s Notice-and-Notice Regime
Canada operates a “notice-and-notice” system under the Copyright Act.
Under this framework, internet service providers may forward copyright infringement notices to subscribers while retaining certain records.
We advise businesses and individuals regarding:
- notice-and-notice obligations
- ISP-related copyright notices
- online infringement allegations
- compliance and response considerations
Receiving a notice does not automatically mean liability has been established.
DMCA and Cross-Border Copyright Issues
Canadian businesses may also receive takedown demands under foreign legal frameworks such as the U.S. Digital Millennium Copyright Act (DMCA).
We assist with:
- DMCA takedown requests
- cross-border copyright disputes
- international online platform complaints
- foreign rights-holder demands
Cross-border copyright enforcement may involve overlapping legal considerations.
Marketplace and Platform Copyright Disputes
Many copyright disputes arise through online marketplaces and platforms.
We assist with disputes involving:
- Amazon marketplace complaints
- Shopify store disputes
- Etsy and e-commerce platforms
- social media content removal
- YouTube copyright claims
Platform enforcement mechanisms may significantly impact online business operations.
Copyright Enforcement for Businesses and Creators
We assist copyright owners seeking to protect original works and intellectual property assets.
This may include:
- infringement investigations
- enforcement strategy development
- licensing and authorization disputes
- unauthorized commercial use issues
- repeat infringement matters
Businesses should proactively protect valuable creative and commercial assets.
Fair Dealing and Defences to Copyright Claims
Not all uses of copyrighted material constitute infringement.
Potential issues may involve:
- fair dealing
- implied licences
- public domain content
- authorized use
- non-commercial use issues
Assessment of copyright disputes often requires fact-specific legal analysis.
Copyright and Marketing Content
Marketing and advertising materials frequently create copyright issues.
We assist with:
- image licensing disputes
- influencer and creator content issues
- website and branding content
- AI-generated or third-party content concerns
- advertising asset ownership
Businesses should ensure that marketing assets are properly licensed or owned.
Copyright Litigation and Dispute Resolution
Some copyright disputes escalate into litigation or formal enforcement proceedings.
We assist with:
- pre-litigation negotiations
- settlement discussions
- infringement claims
- damages and injunction issues
- strategic dispute resolution
Early legal guidance may help reduce commercial and reputational risk.
Industries We Assist
We advise clients across multiple industries, including:
- e-commerce businesses
- technology companies
- creators and influencers
- cannabis and regulated product businesses
- marketing agencies
- media and content businesses
- software and SaaS companies
Digital businesses frequently encounter copyright compliance and enforcement issues.
Why Work With Substance Law
- experience with Canadian copyright and digital platform disputes
- practical and commercially focused legal advice
- assistance for both rights holders and notice recipients
- support for online businesses and creators
- experience across e-commerce, technology, and regulated industries
We assist businesses and individuals in navigating copyright enforcement and compliance issues across Canada.
Work With a Copyright Lawyer in Canada
If you need assistance enforcing copyright rights, issuing takedown notices, responding to infringement allegations, or managing online platform disputes, Substance Law can assist.
We provide legal services relating to copyright infringement, takedowns, notices, and digital intellectual property disputes across Canada.
Contact Substance Law to discuss your copyright matter.
Frequently Asked Questions
What is copyright infringement?
Copyright infringement generally occurs when copyrighted material is reproduced, distributed, displayed, or used without authorization.
What is a copyright takedown notice?
A copyright takedown notice is a demand requesting removal of allegedly infringing content from a website, platform, or marketplace.
What is Canada’s notice-and-notice system?
Canada’s notice-and-notice regime allows copyright holders to send infringement notices through internet service providers without automatically removing content.
Does receiving a copyright notice mean I am liable?
No. Receiving a copyright notice does not automatically establish legal liability or infringement.
Can businesses respond to copyright allegations?
Yes. Businesses may assess and respond to copyright claims, including asserting defences or disputing allegations.
Can online marketplaces remove listings for copyright complaints?
Yes. Platforms such as Amazon, Shopify, Etsy, and YouTube may remove content or listings following infringement complaints.
What is fair dealing in Canadian copyright law?
Fair dealing is a legal exception that may permit certain uses of copyrighted material for purposes such as research, criticism, review, or education.
Can lawyers assist with copyright enforcement online?
Yes. Lawyers may assist with takedown notices, platform disputes, infringement claims, settlement negotiations, and enforcement strategies.
