UGC creator usage rights Canada: what a licence should say

What to take away

Who has jurisdiction

Copyright in Canada is federal. The statute is the Copyright Act, and it applies in every province and territory. A brand in Toronto and a creator in Halifax operate under the same rules.

Section 13 of the Act says that ownership of copyright can be assigned, but an assignment must be in writing and signed by the owner. Section 14.1 gives the author moral rights, which can be waived but not assigned. That pair of sections is why a verbal agreement does not transfer your rights.

The Canadian Intellectual Property Office explains the difference between assignment and licence in its copyright guide. Assignment moves ownership. A licence grants permission while you keep ownership.

This is the main break from American practice. US contracts often rely on work-for-hire language, which places commissioned work in the client's hands from the start. Canadian law has no equivalent default for freelance creators.

Provincial consumer protection law adds a layer for advertising claims, but it does not change copyright ownership. Quebec adds its own rules on language and contract form, so a Quebec creator should read the licence in French or ask for a translated copy.

If you sell to US brands, the contract may arrive drafted for a US creator. Ask which law governs and where disputes would be heard. A Canadian creator signing a New York choice-of-law clause is litigating in New York.

What the licence must disclose

A compliant licence states five things. Each one is a term, not a courtesy.

Model clause (term, territory, paid media): "The licence runs for 12 months from first publication, covers Canada and the United States, and includes paid media rights on the brand's own channels. Any renewal, expanded territory or broader paid media use requires a new fee."

Typical practice sets organic licences at 12 months and prices paid media separately, with the fee rising for longer terms or wider territory.

A clause that says "all rights in perpetuity throughout the universe" is legal to sign. It is also a permanent transfer of commercial value for a one-time fee.

Moral rights sit outside the licence. You can waive them, but the waiver must be written and it must be specific about which rights are waived.

If a brand wants to edit your footage into a different message, that is an adaptation. Name it in the licence or price it separately.

Records to keep

Store these for at least six years. The Canada Revenue Agency expects business records to be kept that long, and a rights dispute can surface years after a campaign ends.

What happens if you do not

Without a written assignment or licence, the brand gets nothing more than an implied permission to use the work for the purpose it was made. That permission is narrow and it is hard to prove.

The concrete consequence runs both ways. A creator who signs a broad licence without a term can watch the same footage run in paid ads for years with no further payment. A brand that never obtained a written assignment can be told to pull the campaign.

Moral rights create a second exposure. If a brand crops your face out of a testimonial or adds a voiceover you did not approve, and you never waived moral rights, you can object to the distortion. The remedy can include an injunction against further use.

Where the rules differ by place

Canada, the United States and the United Kingdom split on this point. US contracts lean on work-for-hire. UK law allows moral rights to be waived by contract. Canada requires a written, signed assignment for ownership to move.

Common questions