Re: Canadian copyright

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Fri, 12 Jun 1998 13:13:05 -0400 (EDT)

On Thu, 11 Jun 1998, Paul Sleven <psleven[_at_]cybernex.net> wrote:
>
> Is the duration of Canadian copyright still life plus 50 or has
> it been extended to life plus 70? If it has been extended, did the
> extension restore copyright to works that had fallen into the public
> domain 50 years after the author's death or does it only apply to works
> that never fell into the public domain? Thanks for any information
> anyone is able to provide.

The duration (term) of copyright protection under Canadian law is still generally life plus 50 years. Several "creator" groups lobbied *very* hard to have it extended during the debate on Bill C-32, An Act To Amend The Copyright Act (received Royal Assent April 25/97, but some sections are still not proclaimed and even more are not yet in force). However, their push for 'life plus 70' was not successful.

Nevertheless, a number of changes *were* made that affect term of protection. Starting on Jan.1/99, photographs will be protected for the life of the photographer + 50 years, whereas the statute previously provided for a term of 50 years from the making of the original negative.

In the case of unpublished works, the Bill made a considerable change in law which comes into force Dec.31/98. Previously, such works were accorded perpetual protection, under the common law. C-32 provides that they come into public domain at the same time as published works by the same author, ie. life + 50 for *all* works of an author, whether published or not. As a transitional provision, unpublished works by authors who died 50 years or more before Dec.31/98, will be protected for 5 years longer (ie. only to Dec.31, 2003), whether or not they are subsequently published. Works by authors who died less than 50 years before Dec.31/98 are protected for 50 years more (ie. to Dec.31, 2048), whether or not they are subsequently published.

I believe these are the major changes affecting term of protection, but my Canadian colleagues may have more to add. I would say, as I have done previously on this listserv, that if the U.S.A. changes their statute and goes to a life +70 term, that Canada certainly (and in my view, most unfortunately) will follow suit.

Sincerely,
Bernard Katz, Head, Special Collections and Library Development

              University of Guelph Library, Guelph, Ontario
	  and Chair, Ontario Library Association Copyrigt Task Force

bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931 Received on Fri Jun 12 1998 - 17:13:14 GMT