Skip to Main Content

Copyright Guide

This guide is intended to give best practices for the acceptable use of copyright protected materials. It does not provide legal advice.

What is Copyright?

What is Copyright?

In Canada, copyright is governed by the Copyright Act (R.S.C. 1985, c. C-42) which regulates the use and reproduction of intellectual and artistic creations. Copyright protects works from being copied, performed or distributed without the permission of the copyright holder, usually the author or the creator of the work, and provides exceptions for special circumstances. 

As soon as a work is created, it is automatically protected under Canadian copyright law as long as it meets the criteria for eligibility. Canadian copyright law specifies that a creator, author, or “copyright owner” of a work has the right to:

  • Benefit financially from a work
  • Produce, reproduce, adapt, perform, translate, publish, display, rent, or distribute a work
  • License rights (grant permission for others to use)
  • Assign rights (permanently give rights to someone else)

How long does Copyright last?

Prior to December 30, 2022 Canadian copyright lasted for 50 years past the death of the creator, at which time the copyright normally shifted into the public domain. Bill C-19 extended the term of copyright protection from 50 to 70 years after the life of the author. Works that were in the public domain as of December 30, 2022 are not affected by this change. For more information see the Public Domain section of this guide.

Related Content

Crown Copyright

Crown copyright is governed by section 12 of the Copyright Act (R.S.C., 1985, c. C-42)[1], which covers all works that are "prepared or published by or under the direction or control of His Majesty or any government department." It lasts until the end of 50 years after the year of creation.

Permission to reproduce Government of Canada works, in part or in whole, and by any means, for personal or public non-commercial purposes, or for cost-recovery purposes, is not required, unless otherwise specified in the material you wish to reproduce.

Permission is always required when the work is being revised, adapted, or translated regardless if the purpose of the reproduction is for personal or public non-commercial distribution, or for cost-recovery purposes.

Permission is always required when the work being reproduced will be distributed for commercial purposes.

Legislation 

International Copyright

Copyright protection in Canada lasts for the life of the creator plus 70 years. Copyright extends to other countries by virtue of treaties such as the Berne Convention and Universal Copyright Convention and the term in other countries depends on the national law.

The treatment of intellectual property in many countries is governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), administered by the World Trade Organization.

The World Intellectual Property Organization (WIPO) works on the development of international standards for copyright and related rights.