What Are the Exceptions For Copyright Protection?

According to the Canadian Intellectual Property Office, copyright protection lasts for the lifetime of an author plus 50 additional years after the author's death. December 31st is the date that copyright protection always expires on the final year of protection. There aren’t any maintenance fees for copyright, and it can’t be renewed.

However, there are a few exceptions to the above rule.

Government Works in Canada

If there is a copyright in a work that has been published by a government department, it will last for the calendar year when it was initially published and an additional 50 years. For Legislation or Judgments, there is no copyright term.

The Work is not Published Before the Author’s Death

Sometimes, creative works aren’t published before the author passes away. In this case, copyright will exist for the calendar year when it was initially published, delivered, or performed, and an additional 50 years.

For More than One Author

Sometimes work is created by more than a single person. If this is the case, the copyright is going to last for the lives of all authors. This protection will continue for 50 years after the final author passed away.

Author Unknown

If the author is unknown, the copyright may last for the calendar year for when the work was initially published plus 50 years.

Sound Recordings

In the case of sound recordings including tapes, records, and compact discs, the copyright on these lasts for 70 years from when the recording was first made.

Photographic

For photography, the copyright is intact during the year the original negative was created. If there is no negative, during the year the original photo was produced and 50 more years for owners that are a corporation. In other cases, the term is the life of the negative’s owner plus 50 years more.

In our next blog, we're going to outline the details of what would be considered copyright infringement and the common process used when fighting infringement.

If you have a question about copyright, trademarks or patents, you can contact our team today for a free consultation by clicking here.