In Canada, the copyright of a private email or handwritten letter legally belongs to the person who wrote it, not the person who received it. Generally, you cannot publish or widely share someone else’s private correspondence without their permission, unless it falls under strict exemptions like “Fair Dealing” or specific public interest defences.
In our modern digital era, it is incredibly easy to take a screenshot of an email, text message, or private letter and instantly share it online. 📱 Whether you are a journalist in Ottawa investigating a story, or an individual in Victoria dealing with a bitter personal dispute, you might assume that because a message was sent to you, you have the right to do whatever you want with it. However, Canadian law views this intersection of privacy and intellectual property very differently.
Under the federal Copyright Act, any original written expression-even a mundane email-is immediately classified as a “literary work.” This means the author automatically owns the copyright the moment they type it. While the physical letter or the data on your phone belongs to you as the recipient, the right to reproduce, publish, or broadcast those words remains with the sender. If you are facing a situation where your private correspondence has been leaked, finding a skilled intellectual property lawyer from our directory can help you enforce your rights.
Step-by-Step Guide to Publishing Correspondence in Canada
If you are considering publishing someone else’s email in a book, blog, or news article, you must navigate both copyright infringement and Canadian privacy laws. Generally, the safest route requires careful legal analysis.
Step 1: Identify the True Author
First, confirm who actually wrote the text. 🔍 If a friend forwards you an email written by a third party, the copyright belongs to that original third party. You must also consider whether the email was written in the course of employment. If an employee in Toronto writes an email as part of their official job duties, the copyright usually belongs to their employer, not the individual.
Step 2: Seek Explicit Permission
The most legally sound way to publish private correspondence is to get written consent from the author. A simple email replying “Yes, you may quote my previous message in your article” is typically sufficient to grant a basic licence for reproduction.
Step 3: Evaluate the “Fair Dealing” Exemption
If you cannot get permission, you must determine if your use falls under “Fair Dealing.” ⚔ Under Canadian copyright law, you can reproduce parts of a protected work for the purposes of research, private study, education, parody, satire, criticism, review, or news reporting. However, for news reporting or criticism, you must properly credit the author. Simply posting a screenshot to embarrass someone online does not qualify as fair dealing.
Step 4: Assess Privacy and Breach of Confidence
Even if you survive a copyright claim, you must consider privacy. If the email contains highly sensitive personal information, publishing it could lead to a lawsuit for “Intrusion upon Seclusion” or “Breach of Confidence.” Provincial privacy torts, especially in provinces like Ontario and British Columbia, heavily protect individuals against the malicious public exposure of private facts.
How Much Does it Cost to Enforce Your Rights in Canada?
Copyright exists automatically; you do not need to pay anything to own the rights to your sent emails. However, formally registering and enforcing them can involve costs.
| Action | Estimated Cost (CAD) | Details |
|---|---|---|
| Automatic Copyright | $0 | Your emails are legally protected the second you hit “send.” |
| CIPO Registration | $63 – $81 | Optional fee to register a specific literary work with the Canadian Intellectual Property Office ($63 CAD online or $81 CAD by other means). |
| Cease & Desist Letter | $300 – $800 | Lawyer fees to draft a formal warning to someone who published your private messages. |
| Federal Court Lawsuit | $10,000+ | Filing an intellectual property or privacy lawsuit is highly complex and expensive. |
💰 In many cases, sending a strong Cease and Desist letter drafted by a local law firm is enough to force a website or individual to delete your copyrighted correspondence.
How Long Does the Copyright Last?
In Canada, the copyright on a literary work-including letters and emails-lasts for the entire lifetime of the author, plus an additional 70 years following the end of the calendar year of their death. After this period, the text enters the public domain and can be freely published by historians or the general public.
Frequently Asked Questions (FAQ)
Can I post a screenshot of a text message online?
Strictly speaking, posting a screenshot of someone else’s text message without permission is a technical breach of their copyright. While individuals are rarely sued for minor social media posts, doing so to harass or expose sensitive information can lead to severe civil privacy lawsuits or even criminal harassment charges.
What if the email reveals illegal activity?
If an email contains evidence of a crime, handing it over to the police (like the RCMP or local authorities) is legally protected. Copyright law does not prevent you from sharing correspondence with law enforcement or using it as evidence in a Canadian court of law.
Does paraphrasing the letter bypass copyright?
Yes, generally. Copyright protects the actual expression (the specific words used), not the underlying facts or ideas. You can usually paraphrase the information contained in a private letter without violating the Copyright Act, though you must still be cautious of privacy or Non-Disclosure Agreement (NDA) violations.
Do my work emails belong to me?
Typically, no. Under the Copyright Act, if a work is created in the course of employment, the employer is the first owner of the copyright unless there is an agreement stating otherwise. Your employer generally has the right to monitor, retain, and use the emails you send from a corporate account.
Can a journalist publish leaked emails?
Journalists often rely on the “Fair Dealing” exemption for news reporting to publish excerpts of leaked emails. If the correspondence is of significant public interest, Canadian courts generally balance the author’s copyright against the public’s right to know and the freedom of the press.
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