In most cases, a copyright lasts for the lifetime of the author plus 50 years after the calendar year in which the author dies. Copyright protection always expires on December 31 of the last year of protection. There are no maintenance fees for copyright and copyright cannot be renewed.

There are exceptions to the general rule.

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 50 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 the duration of the calendar year in which it was first published, performed, or delivered plus 50 years, if the work was published before April 25, 1997. The rule is somewhat different for those marks first published after April 25, 1997.

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 50 years after the calendar year in which the last author died.

Author unknown

If the author of a work is unknown, the copyright could last either for the duration of the calendar year in which the work was first published plus 50 years, or for the duration of the calendar year in which the work was created plus 75 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 50 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 70 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 50 years after the end of the calendar year in which the first fixation 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 70 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 50 years if the owner is a corporation. Otherwise, the term is for the life of the owner of the negative, plus 50 years.

Get help

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

For legal assistance with your copyright, or other intellectual property matters, contact our preferred lawyers and see who’s right for you: 

								
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