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Copyright Expiration

Adapted from the Canadian Intellectual Property Office, Term of copyright protection  

Generally, the term of copyright protection in Canada lasts for the life of the creator, the remainder of the calendar year in which the creator dies, plus an additional 70 years. In other words, copyright protection expires at the end of the 70th calendar year after the creator’s death.

Before December 30, 2022, the general term of protection in Canada was 50 years after the death of the creator. On December 30, 2022, this term was extended to 70 years. It is important to note that the extension of this term does not have the effect of reviving copyright in works for which protection expired prior to January 1, 2023. For example, written works where the creator died prior to 1973 are generally already in the public domain.

There are some exceptions to the general term of copyright protection, including:

  • Crown copyright
  • works of joint authorship
  • works where the identity of the author is unknown
  • posthumous works, i.e., works that have not been published, performed in public or communicated to the public by telecommunication during the author's lifetime
  • subject-matter other than works (such as performer's performances, sound recordings and communication signals)

When copyright expires, a work becomes public domain and may be used for any purpose without permission of the copyright owner or payment of royalties.

Canadian Copyright Term and Public Domain Flowchart

Produced by the Copyright Office at the University of Alberta, the Public Domain Flowchart is a comprehensive online resource for determining the term of copyright protection in Canada for specific types of works.