In most cases, as of December 30, 2022, a copyright lasts for the lifetime of the author plus 70 years after the calendar year in which the author dies. Prior to this date, it was 50 years. Copyright protection always expires on December 31 of the last year of protection.

This applies to any author, as well as composer or screenwriter whose works would have been added to the public domain between now and 2043. This means that nothing new will be added to the public domain in Canada for 20 years.

This change does not alter the status of any works that are already in the public domain. Specifically:

1. If the creator died in 1971 or earlier, the copyright has expired and their works are now in the public domain. (50-year rule in effect prior to Dec 30th, 2022)
2. If the creator died in 1972 or later, their works are protected for their life plus 70 years. (as of Dec 30th, 2022)

There are no maintenance fees for copyright and copyright cannot be renewed.

The rules regarding how long a copyright lasts can be found in Part II, Section 23 of the Copyright Act – “Term of Rights”. The following is a summary.

Government works

Copyright in a work that is published by a government department lasts for the duration of the calendar year in which it was first published, plus 70 years. There is no term for copyright in Legislation or Judgments.

Works not published before the author’s death

In some cases, creative works have not been published before the author’s death. Copyright in such works will exist for whichever is longer:

1. The duration of the calendar year in which it was first published, performed, or delivered plus 50 years.
2. The date of the author’s death, plus the remainder of that calendar year, plus 70 years. In the case of multiple authors, it is the date of the last remaining author’s death.

This only applies to works published, performed, and communicated before December 31, 1998. For works published subsequently, if the death of the author occurs within 50 years of the work being published, the copyright in the work extends to either:

• December 31, 2048 or
• The date of the death of the last surviving author, plus the remainder of that calendar year, plus 70 years – where the end of that 70-year period is after December 31, 2048.

More than one author

Sometimes works are created by more than one person. In this case, copyright will last for the lives of all creators and will continue for 70 years after the calendar year in which the last author died.

Author unknown

If the author of a work is unknown, the copyright protection generally lasts for 75 years following the end of the calendar year when it is made. However, if the work is published before the copyright expires, the copyright could last either for the duration of the calendar year in which the work was first published plus 75 years, or for the duration of the calendar year in which the work was created plus 100 years, whichever is earlier.

Performers’ performance

A performers’ performance includes: a performance of an artistic work, dramatic work or musical work; a recitation or reading of a literary work; or, an improvisation of a dramatic work, musical work or literary work.

Regarding copyright in a performers’ performance, the copyright lasts until the end of 50 years after the end of the calendar year in which the performance occurs. However, as per Part II, Section 23(1) of the Copyright Act:

(a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and

b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.

Sound recordings

For sound recordings such as compact discs, records, and tapes, the copyright lasts for 70 years after the end of the calendar year in which the first fixation (recording) of the sound recording occurs. However, as per the Copyright Act:

• if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.

Photographic

For photographs, copyright exists during the year that the original negative was made, or, if there is no original negative, during the year the original photograph was made, plus 70 years if the owner is a corporation. Otherwise, the term is for the life of the owner of the negative, plus 70 years.

Get help

You can obtain more information about the copyright protection of a particular work from an Intellectual Property lawyer.

For more information about the copyright process, refer to the Canadian Intellectual Property Office.

								
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