Copyright Infringement

At Sodagar & Company, we understand that it can take months or even years to create your masterpiece. In Canada, the Copyright Act affords copyright protection for digital media, television, photographs, music, video games and apps. The Copyright Act provides an incentive for the creation of artistic works by rewarding authors and artists with a set of exclusive rights – many of these rights have tremendous economic value and are often assigned or licensed. Despite the statutory protection afforded by the Copyright Act for copyright holders, and the time, effort and money that go into creating many forms of copyright, infringement of the work occurs more frequently in today’s digital and social media age.

At Sodagar & Company, we can assist with both defence and prosecution of your copyright.  There are a number of defenses that we can use, with the most notable being the defence of fair use. The fair use defense is composed of a sliding scale of various factors that are enumerated in the Copyright Act. The fair use defense has taken on significance where internet users frequently upload portions of copyrighted work onto social media networks and various message boards. In prosecution, we initiate contact with the infringing party by issuing cease and desist letters and commence and copyright infringement litigation if necessary. We can also provide consultations on copyright infringement notices forwarded by Internet service providers to help you better understand your legal rights and obligations with respect to paying any proposed settlement amount and what could (or could not) occur if you do not comply. Please contact us to see how we can be of service to you.

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