Copyright Act of Canada, section 29.21:
(1) 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
(a) the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes;
(b) 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
(d) 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.
From my reading, this essentially puts all works under NC-Sampling. That is, any derivative work may be made and distributed so long as it is exclusively used for noncommercial purposes. Of course, technical protection measures trump this (and all other) right.
While NC provisions are problematic (if I make a remix video and put it on YouTube – is that commercial because my distributor is commercial? Am I in trouble for that or is the distributor?) this seems like an overall win for “taking back our myths” since derivative art can at least be produced without fear.
This underscores for me why the most important policy move for commons production (I think) is getting the TPMs to stop trumping the rights we already have! Commons production includes non-commercial commons production under exceptions such as the above (I think) and as such making it clearer when fair dealing and other exceptions apply and getting the TPMs out are important activities.