Copyright Amendments: Implications of the Copyright Term Extension

By Taylor McPeak, MRU Copyright Advisor

On December 31, 2022 the term extension for copyright in Canada was codified into law. This amendment effectively changed the length of the copyright term from 50 years after the death of the creator to 70 years after the death of the creator. For additional background on this legislative change, please see the previous blog post in this series.

Now that the copyright term has been extended, what does this mean for creators and users of copyrighted content? 

Works that entered the public domain¹ on January 1, 2022 will remain in the public domain. Any works that would’ve been subject to the 50 year rule after January 1, 2022 are granted an extra 20 years of protection². While it may seem like additional protection is in favour of creators, there are several downsides to increasing the copyright term. After all, the public domain is not a void where creative works no longer exist — it is meant to be robust and diverse, filled with works creators can draw upon. 

To alleviate some of the time burden caused by increasing copyright terms, Creative Commons, a non-profit organization and international network devoted to educational access and expanding the use of creative works, grants creators autonomy over the public domain status of their works. Instead of waiting for the copyright term to expire, creators can label their works with the CC0 deed. CC0 effectively places the work in the public domain, waiving all of the creator’s associated rights. 

For any questions about the term extension, you can reach out to Taylor McPeak, Copyright Advisor, or check out the Canadian Association of Research Libraries’ (CARL) FAQ about Term Extension for Authored Works.  

¹ When the term of copyright expires, the work is said to come into the public domain and is then available for anyone to use and copy without seeking permission from the copyright owner. The author retains no rights in the work.

² Fun fact: Had this term not been extended, J. R. R. Tolkien’s (author of The Lord of the Rings) works would’ve gone into the public domain in Canada on January 1, 2024.