- Before sending any letters, be sure you're the actual copyright owner (not just the person who commissioned the work) and that what was copied is genuinely original enough to be…
- Before you contact anyone, preserve evidence: - [ ] Screenshot the infringing content, including the URL and a visible date or timestamp - [ ] Save or archive the page where possible,…
- A clear, professional letter identifying the original work, explaining the infringement, and requesting that the copying stop is often the fastest and cheapest way to resolve a…
Finding your website copy, product photos, or software on someone else's site, sometimes lifted word-for-word, is a common and frustrating discovery for Ontario businesses. Canadian law gives copyright owners real copyright infringement remedies, but the right first move depends on where the infringement is happening and how much is genuinely at stake.
This article walks through the practical steps available, roughly in the order most businesses should consider them, before deciding whether the situation calls for a lawyer.
Step 1: Confirm You Actually Own Enforceable Rights
Before sending any letters, be sure you're the actual copyright owner (not just the person who commissioned the work) and that what was copied is genuinely original enough to be protected in the first place. Facts, common industry phrases, and generic layouts are generally not protected; your specific expression of them is.
If the work was created by a contractor or agency, check whether your contract actually assigned copyright to you. If it didn't, you may need to sort that out before you can enforce anything.
Step 2: Document the Infringement
Before you contact anyone, preserve evidence:
- [ ] Screenshot the infringing content, including the URL and a visible date or timestamp
- [ ] Save or archive the page where possible, since content can be edited or removed quickly once someone is alerted
- [ ] Keep your own records showing when and how you created the original work
- [ ] Identify who operates the infringing site or account, and where it's hosted
Good documentation matters whether the dispute resolves with a phone call or ends up in court.
Step 3: Send a Cease-and-Desist Letter
A clear, professional letter identifying the original work, explaining the infringement, and requesting that the copying stop is often the fastest and cheapest way to resolve a straightforward case, particularly with a business that copied content without much thought about the consequences. A letter from a lawyer tends to carry more weight than one sent directly, simply because it signals you're prepared to escalate.
Step 4: Use the Notice-and-Notice Regime for Online Content
If the infringing content is hosted by a third party (a web host, platform, or internet service provider) rather than run by the infringer directly, Canada's notice-and-notice regime lets you send a notice of claimed infringement to the host, which is then required to forward it to the account holder. This doesn't force the content down the way a takedown notice might elsewhere, but it puts the infringer on formal notice and can prompt them to act.
Step 5: Consider Formal Legal Action
If informal steps don't resolve things, or the infringement is serious enough to justify it, a copyright owner can pursue a civil claim. Available remedies generally include:
| Remedy | What It Does |
|---|---|
| Injunction | A court order requiring the infringer to stop using the work |
| Damages | Compensation for the financial harm the infringement caused |
| Accounting of profits | Requires the infringer to hand over profits made from the infringing use |
| Statutory damages | An amount a court can award without requiring detailed proof of financial loss, within a range set by the law — verify the current framework with a lawyer |
| Delivery up | An order requiring the infringer to hand over or destroy infringing copies |
Litigation is a significant step. The right remedy, and whether pursuing it is worthwhile, depends heavily on how much is genuinely at stake.
Frequently asked questions
Do I need to register my copyright before I can sue for infringement?
No. Copyright protection, and the right to sue, both exist automatically once a qualifying work is created. Registration can make it easier to prove ownership, but it isn't a precondition to bringing a claim.
What if the infringer is based outside Canada?
Cross-border infringement is more complicated to pursue, but options like a notice to the host (if it's within reach), a cease-and-desist letter, or a formal claim may still be available depending on where the infringer, the host, and you are located. This is a scenario where early legal advice is particularly valuable.
Is it worth pursuing a small, one-off case of copying?
It depends on the harm and what you're trying to achieve. Sometimes a firm letter resolves a minor case quickly and cheaply; formal litigation makes more sense when the infringement is ongoing, commercially significant, or part of a pattern.
Can I just take the content down myself if I find it on a platform I control?
If it's on your own platform, yes. If it's on someone else's website or account, you generally can't remove it yourself — you have to go through the site's own reporting process, the notice-and-notice regime, or a direct request to the operator.
This is a corporate question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.