Copyright Term Extended to 70 Years

Summary#

This is an order that sets December 30, 2022 as the day some copyright changes take effect. It brings parts of the Budget Implementation Act, 2022, No. 1 into force so certain amendments to the Copyright Act start applying. The Canada Gazette published the order on December 7, 2022.

What it does#

• The order brings into force sections 276, 277, 278, 279 and 280 of the Budget Implementation Act, 2022, No. 1 on December 30, 2022.
• Those sections amend the Copyright Act to change the general term of copyright protection from 50 years after an author’s death to 70 years after an author’s death.
• The amendments also update rules for joint authorship, anonymous and pseudonymous works, and posthumous works to match the longer term.
• The change implements Canada’s commitment under the Canada-United-States-Mexico Agreement (CUSMA) to extend the copyright term.

Who's affected#

• Creators and their heirs (authors, songwriters, visual artists).
• Copyright holders and rightsholders such as publishers, record labels, film companies, and other cultural businesses.
• Archives, libraries, educators, researchers and users who rely on public-domain works.
• The source says these are the intended groups; it is not always clear in every case how individual works will be affected.

Why it matters#

• Works will remain under copyright for an extra 20 years after an author’s death, which can extend the period during which creators or companies earn money from them.
• Some works that would have entered the public domain sooner will now stay under copyright longer. That can limit free public access, reuse, and remixing of older works for a longer time.
• The government says the change helps align Canada with many trading partners and fulfills an international trade commitment under CUSMA. The order itself says there are no financial implications to the Government.