Copyright duration in Canada: find the public domain date.

How Canadian copyright duration works

Under section 6 of the Copyright Act, copyright generally lasts for the life of the author, the remainder of the calendar year in which the author dies, and 70 years after the end of that calendar year. So the term always ends on December 31, and the work is in the public domain from January 1 of the next year: death year + 71.

The 2022 transition

The term was 50 years until Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10, s. 276) replaced section 6; the 70-year term has applied since December 30, 2022. Section 280 of that Act says the change does not revive copyright that had already expired before that day. A life-plus-50 term for an author who died in 1971 ended on December 31, 2021, so those works stay in the public domain. An author who died in 1972 would have lost protection on December 31, 2022, but the extension took effect first, so that work is protected until December 31, 2042.

• Died in 1971 or earlier: term already expired (death year + 50); not revived.
• Died in 1972 or later: life plus 70 years; public domain from death year + 71.

Worked example

An author who died in 1985: term ends December 31, 2055 (1985 + 70); public domain from January 1, 2056.

Frequently asked questions

How long does copyright last in Canada?

For most works, the life of the author, the rest of the calendar year in which the author dies, and 70 years after the end of that year (Copyright Act, s. 6). A work of an author who died in 2000 is protected until December 31, 2070 and enters the public domain on January 1, 2071.

What if the author died before 2023?

The 70-year term applies to authors who died in 1972 or later, because their works were still protected when the extension took effect on December 30, 2022. Section 280 of S.C. 2022, c. 10 says the change does not revive copyright that had already expired. Authors who died in 1971 or earlier (life plus 50) were already in the public domain and stay there.

When does a work enter the public domain?

On January 1 of the year after the term ends. The term always runs to the end of a calendar year, so the calculation only needs the year of death.

Does this cover every kind of work?

No. Section 6 is the general rule. Anonymous and pseudonymous works, joint authorship, posthumous works, photographs, sound recordings, Crown works and works by foreign authors can follow different rules. This tool applies only the general life-plus-70 term.

Is this legal advice?

No. It is a date calculator based on the text of the Copyright Act. Confirm the position with a lawyer or the Canadian Intellectual Property Office before relying on it.

Sources: Copyright Act, s. 6 (current); s. 6 as it read until 2022-12-29; S.C. 2022, c. 10, ss. 276 and 280.