Section 29.21 — Copyright Act: Non-commercial user-generated content

It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the creation of a new work or other subject-matter in which copyright subsists and for the individual — or, with the individual’s authorization, a member of their household —

to use the new work or other subject-matter or to authorize an intermediary to disseminate it, if the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes; the source — and, if given in the source, the name of the author, performer, maker or broadcaster —

of the existing work or other subject-matter or copy of it are mentioned, if it is reasonable in the circumstances to do so; the individual had reasonable grounds to believe that the existing work or other subject-matter or copy of it, as the case may be, was not infringing copyright; and the use of, or the authorization to disseminate, the new work or other subject-matter does not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the existing work or other subject-matter —

or copy of it —

or on an existing or potential market for it, including that the new work or other subject-matter is not a substitute for the existing one. The following definitions apply in subsection (1). intermediary means a person or entity who regularly provides space or means for works or other subject-matter to be enjoyed by the public. ( intermédiaire ) use means to do anything that by this Act the owner of the copyright has the sole right to do, other than the right to authorize anything. ( utiliser )