Public Domain

Copyright-Free Materials and the Public Domain?

Works that no longer attract copyright protection are said to be in the public domain, and you are free to use them without restriction. That includes no restrictions on copying and adapting, no need to seek permission, and no uncertainty about your rights as a user. There is also no legal requirement to attribute works in the public domain to their creators, although doing so is an important part of maintaining academic integrity.

A work typically enters the public domain when its term of copyright expires. This guide will show you how to determine if a work is in the public domain in Canada, how to evaluate works that originated in other countries, and how to avoid common mistakes concerning adaptations. This guide also includes a suggested list of public domain resources where you can search for works in the public domain.

Important note: This guide provides general information about the public domain in Canada. If you need to determine whether a copyrighted work is in the public domain in a different jurisdiction, as might be the case when submitting a manuscript containing third-party copyrighted materials to an international publisher, please seek guidance from a lawyer.

Public Domain in Canada

Effective December 30, 2022, the copyright for a work created in Canada will usually expire 70 years following the end of the calendar year in which the creator died. However, for works where the last living author died on or before December 31, 1971, the previous copyright term (of 50 years after the end of the calendar year in which the author died) still applies. Works that already entered the public domain prior to the enactment of the copyright term extension under the Copyright Act will remain in the public domain.

E.g. Since Mordecai Richler died on 3 July 2001, his novels will remain copyrighted until 31 December 2051, and will pass into the public domain on 1 January 2052.

However, since Lucy Maud Montgomery died on 24 April 1942, her novels entered into the public domain on 1 January 1993 and do not benefit from the additional 20 years of protection.

Determining whether a work is in the public domain can be complicated, however, as the duration of copyright differs depending on a work’s authorship and format. The tables below contain detailed information about these differences, and are designed to help you determine whether the copyright for a work has expired.

The tables cover differences related to specific formats, including literary/dramatic/musical works and engravings, photographs, cinematographic works (e.g., film and video), other artistic works, and government publications.

1. Literary, dramatic, and musical works, and engravings

(A)(1) Known Single Author — Work published during author’s lifetime	If the author is still living: The work is not in the public domain. If the author is now deceased: Did the author die on or before December 31, 1971? (a) If yes: The work has entered the public domain. (b) If no: The work will enter the public domain 70 years after the end of the calendar year in which the author died.
(A)(2) Known Single Author — Work published after author’s death (i.e. posthumously)	Was the work published before December 31, 1998? (a) If yes: The work will enter the public domain on the later of: (i) 50 years after the end of the calendar year in which the work was published, or (ii) 70 years after the end of the calendar year in which the author died. (b) If no: When did the author die? (i) Before December 31, 1948: The work has entered the public domain. (ii) Between December 31, 1948 and December 31, 1998, inclusive: The work will enter the public domain on the later of January 1, 2049, or 70 years after the end of the calendar year in which the author died. (iii) After December 31, 1998: the work will enter the public domain 70 years after the end of the calendar year in which the author died.
(B)(1) Known Multiple Authors— Work published during at least one author’s lifetime	If any of the authors are still living: The work is not in the public domain. Did the last surviving author die on or before December 31, 1971? (a) If yes: The work has entered the public domain. (b) If no: The work will enter the public domain 70 years after the end of the calendar year in which the last surviving author died.
(B)(2) Known Multiple Authors— Work published after all authors’ deaths (i.e. posthumously)	Was the work published before December 31, 1998? (a) If yes: The work will enter the public domain on the later of: (i) 50 years after the end of the calendar year in which the work was published, or (ii) 70 years after the end of the calendar year in which the last surviving author died. (b) If no: When did the last surviving author die? (i) Before December 31, 1948: The work has entered the public domain. (ii) Between December 31, 1948 and December 31, 1998, inclusive: The work will enter the public domain on the later of January 1, 2049, or 70 years after the end of the calendar year in which the last surviving author died. (iii) After December 31, 1998: the work will enter the public domain 70 years after the end of the calendar year in which the last surviving author died.
(C) Pseudonymous/Anonymous Author(s)	If author(s) are unknown, then the work will enter the public domain: (a) 75 years after the end of the calendar year in which it was created; or (b) if the work was published prior to the end of such 75-year period, then the earlier of: (i) 75 years after the end of the calendar year in which it was first published, or (ii) 100 years after the end of the calendar year in which it was created. However, if one or more authors becomes known during either of these terms, then the work enters the public domain 70 years after the end of the calendar year in which that last surviving known author died.
(D) Work created for hire, i.e. in the course of employment	In the absence of an agreement to the contrary, the employer (who could be an individual, corporation, organization, municipality, or other entity) who employed the author is the first owner of copyright. However, the determination of whether a work is in the public domain is still determined in reference to the life of the individual author. If the employer that published the document knows who authored the document, then follow the guidelines for Known Authors (Sections (A) or (B), as applicable). If the employer that published the document does not know who authored the document, then follow the guidelines for Pseudonymous/Anonymous Authors (Section (C), above). Note: if the work which was made in the course of employment is “an article or other contribution to a newspaper, magazine or similar periodical”, then “there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.” (Copyright Act, section 13(3))

2. Photographs (physical prints, not versions published in other media like books, online etc.)

Under the Copyright Modernization Act, the determination of whether a work is in the public domain is determined in reference to the life of the individual author (i.e. the photographer). Prior to November 7, 2012, the term of copyright in photographs was dependent on whether the “owner” of the initial negative or plate (or, where there was no initial negative or plate, the initial photograph) was an individual or a corporation. In the circumstances, it is important to determine when a photograph was taken, in order to find the correct copyright term.

(A) Photographs taken on or before December 31, 1948	The work is in the public domain.
(B)(1) Photographs taken from January 1, 1949 to November 6, 2012 — Owner of the initial negative, plate, or photograph is an individual	If that individual is still alive: The photograph has not entered the public domain. If that individual is now deceased: Did that individual die on or before December 31, 1971? (a) If yes: The work has entered the public domain. (b) If no: The work will enter the public domain 70 years after the end of the calendar year in which that individual died.
(B)(2) Photographs taken from January 1, 1949 until November 6, 2012 — Owner of the initial negative, plate, or photograph is a corporation	Was the creator of the photograph the majority shareholder of the owner corporation? (a) If yes: Is that person still alive? (i) If yes: The work has not entered the public domain. (ii) If no: Did that person die on or before December 31, 1971? → If yes, the work has entered the public domain. → If no, The work will enter the public domain 70 years after the end of the calendar year in which that individual died. (b) If no: Was the photograph taken before 1962? (i) If yes: The work has entered the public domain. (ii) If no: Is the photographer still alive? → If yes: The work has not entered the public domain. → If no: Did the photographer die on or before December 31, 1971? → If yes: The work has entered the public domain. → If no: The work will enter the public domain 70 years after the end of the calendar year in which the author died. Note: the rules concerning posthumous works do not apply to photographs.
(C) Photographs taken on or after November 7, 2012	Enters the public domain 70 years after the end of the calendar year in which the (last surviving) author died. For anonymous/pseudonymous works, see Section 1(C), above. Note that the rules concerning posthumous works do not apply to photographs.

3. Cinematographic works or a compilation of cinematographic work

Published	Enters the public domain on the earlier of: (a) 75 years following the end of the calendar year in which it was first published, or (b) 100 years following the end of the calendar year in which the work was made, , provided that such work was published prior to the expiry of the copyright term for unpublished works.
Unpublished	Enters the public domain 70 years following the end of the calendar year in which the work was made.

4. Other artistic works (e.g. paintings, drawings, maps, charts, and plans)

The following rules apply to artistic works, other than photographs or cinematographic works (see Sections 2 and 3, above).

Note: the rules concerning posthumous literary, dramatic, and musical works, and engravings, do not apply to other artistic works.

(A) Known Single Author

If the author is still living: The work is not in the public domain.

If the author is now deceased: Did the author die on or before December 31, 1971?

(a) If yes: The work has entered the public domain.

(b) If no: The work will enter the public domain 70 years after the end of the calendar year in which the author died.

(B) Known Multiple Authors

If any of the authors are still living: The work is not in the public domain.

Did the last surviving author die on or before December 31, 1971?

(a) If yes: The work has entered the public domain.

(b) If no: The work will enter the public domain 70 years after the end of the calendar year in which the last surviving author died.

(C) Pseudonymous/Anonymous Author(s)

If author(s) are unknown, then the work will enter the public domain:

(a) 75 years after the end of the calendar year in which it was created; or

(b) if the work was published prior to the end of such 75-year period, then the earlier of: (i) 75 years after the end of the calendar year in which it was first published; or (ii) 100 years after the end of the calendar year in which it was created.

However, if one or more authors becomes known during either of these terms, then the work enters the public domain 70 years after the end of the calendar year in which that last surviving known author died.

5. Government Publications

Source	Published	Unpublished
Federal government publications are protected by Crown Copyright	Enters public domain 50 years after publication.	Does not fall into public domain
Provincial government publications are protected by Crown Copyright	Enters public domain 50 years after publication.	Does not fall into public domain
Municipal government publications are not covered by Crown Copyright. Instead, works created by employees of a municipality are the same as any other work created by an employee for an employer (this can include departmental memos, policy documents, artwork, manuals, guidelines etc.). The municipality owns the copyright.	For information about determining the term of copyright owned by municipalities, see Section 1(D), above.	For information about determining authorship of municipal publications, see Section 1(D), above.

Public Domain outside Canada

When determining whether or not a foreign work whose author or maker was, at the date of the making of the work, a citizen of, or person ordinarily resident in, a treaty country that is party to the Berne Convention, Universal Copyright Convention, WIPO Copyright Treaty or a member of the World Trade Organization (“Treaty Country”) is in the public domain in Canada, the same copyright protection rules apply in Canada as if the work were authored by a Canadian citizen or resident. A longer or shorter term of copyright protection in the foreign author’s home country does not affect the term of copyright protection in Canada.

If you wish to use a work authored by a person who is a citizen or resident of a country that is not a Treaty Country, then you should seek permission from the copyright holder.

If you have any questions about the above information, or if you would like assistance in determining whether or not a foreign work is in the public domain in Canada, please contact us at copyright@uwindsor.ca.

Public Domain and Adaptations, Translations and Scholarly Editions

Copyright comes into effect as soon as a work is expressed in a fixed form (e.g., paper, film, or digital media). If a work subsequently undergoes significant alterations, however, then the result may be considered a new work with a separate term of copyright and different copyright ownership. Accordingly, even if an original work is in the public domain, modern reproductions of that work may still be protected by copyright.

A good example of this would be Shakespeare’s plays: although copyright in his plays expired long ago, many of the published editions of his plays contain added original materials (such as annotations, translations, footnotes, prefaces etc.) that are protected by copyright because the authors have used skill and judgment in creating the new material. This creates a new copyright in the additional original works, but not in the underlying text of the original work.

To use another example, the painting of the Mona Lisa is in the public domain, but an artistic reproduction or embellished photograph depicting the painting can count as a different work with a separate term of copyright if the modern rendition has sufficient originality. If that modernized rendition is subsequently published in a book, moreover, then the published version of the modernized rendition has yet another term of copyright (namely, that of the book in which it was published).

For this reason, it is always important to ask (1) which expression (e.g., version or edition) of a work you are using and (2) when was that expression published or created. The answers to these questions are essential to determining whether or not the work is actually in the public domain.

When using works from public websites and other online resources, it is also important to check whether there is a “Terms of Use” agreement or other legal notice governing how the works can be used. For more information on this, please see the section on Public Domain on the Web.

If you would like assistance in determining whether or not a work is in the public domain, please contact us at copyright@uwindsor.ca.

Public Domain on the Web

Many websites may provide access to digital reproductions of works that are in the public domain. For instance, the websites of museums and art galleries may often include online collections of images, and many of these images depict manuscripts, paintings, sculptures, and other creative works that are described as in the public domain.

Although the act of digitizing a work that is in the public domain is not itself sufficient to create a new, copyrighted version of the original work, it is important to exercise caution when using such digital reproductions, as they are often made available on a website, subject to terms and conditions in legally enforceable license agreements and/or website terms of use.

More specifically, if a website’s terms of use specifically restrict the ways in which you can use the website’s content, then these restrictions would prevail over your right to use that content in accordance with the Copyright Act. For example, if a museum’s website includes an image of a painting that is in the public domain, but the website’s terms of use prohibit you from copying or distributing the image, then you must abide by this restriction.

This is also true of license agreements for electronic resources accessed through Leddy Library: although ARTstor includes thousands of images of works that may be in the public domain, the ARTstor license agreement governs how these images can be used.

For a list of websites that may provide access to works that are described as in the public domain with permissive terms of use, please see the section on Public Domain Resources.

Public Domain Resources

Wondering where to find works that are in the public domain? Check out these resources:

DISCLAIMER: This website contains links to other websites and resources (“External Sites”) which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of such External Sites or information contained therein (including without limitation any independent verification, advice, confirmation and/or guarantee(s) by The University of Windsor that any works that are described to be in the public domain on such External Sites actually fall within the public domain, whether within Canada or any other jurisdiction). The University of Windsor shall not be responsible for the content of any other websites or resources including without limitation any External Sites, and makes no representation or warranty whatsoever, and is not providing any legal advice, regarding any other websites, resources or the contents or materials on such websites or resources. If you decide to access any other websites or resources, you do so at your own risk.

HathiTrust	The HathiTrust is a digital library that contains over 3,000,000 volumes of works that are described as in the public domain – use the “full view” limiter to access the list of works in the public domain.
Project Gutenberg	Project Gutenberg is a collection of over 39,000 freely downloadable e-books, all of which are described as in the public domain. And Project Gutenberg Canada has its own website and collection with more Canadian content than is available at Project Gutenberg, as well as other content which is described as in the public domain in Canada.
American Memory	American Memory at the US Library of Congress “provides free and open access through the Internet to written and spoken words, sound recordings, still and moving images, prints, maps, and sheet music that document the American experience….These materials, from the collections of the Library of Congress and other institutions, chronicle historical events, people, places, and ideas that continue to shape America, serving the public as a resource for education and lifelong learning” (“Mission and History“). Not all the content is described as in the public domain but the Library provides detailed copyright information in the descriptions for most collections, as well as for individual items in a collection when their copyright status differs from the rest of the collection. Note: the Library of Congress “does not grant or deny permission to use the content mounted in American Memory….so you must make your own, independent assessment of the legal rights that may exist in the materials. General information about copyright and other rights in the American Memory materials is provided in the Legal Notices page that links from every American Memory page” (FAQ).
International Music Score Library	International Music Score Library is an online database of musical scores and recordings. All content is described as in the public domain in Canada or the US. The site includes a “copyright made simple” page that contributors must read before adding content to the portal.
Choral Public Domain Library	Choral Public Domain Library is “an Internet-based free sheet music website which specializes in choral music….The goal of CPDL is to host a large collection of music scores and other supporting files (such as midi or other sound files) which can be freely downloaded and used. Most of the scores on CPDL are modern editions based on older works whose copyright has lapsed (or which are otherwise described as in the public domain), but some scores are newly composed and offered for download by the composer” (What’s it all about?). The content hosted on site is described as in the public domain in the US. Note: some scores are linked from the site and actually reside on third party websites – in these cases the content may not be in the public domain. The onus is on the user to check the copyright statements on each third party website to determine what usage restrictions may apply.
Historic American Sheet Music	Historic American Sheet Music is a project from the David M. Rubenstein Rare Book & Manuscript Library at Duke University providing “access to digital images of 3042 pieces from the collection, published in the United States between 1850 and 1920” (About). While the original sheet music in the collection is described as in the public domain, the Library’s digitized versions are not and are subject to the terms and conditions laid out as following: “Images and texts on these pages are intended for research or educational use only. Please read our statement on use and reproduction for further information on how to receive permission to reproduce an item or how to cite it.”
Public Domain Sherpa – Public Domain maps	Public Domain Sherpa – Public Domain maps is a list of 21 sources for maps described as in the public domain (in the US). As the site itself notes, most links lead to sites with a mixture of works that are described as in the public domain and copyrighted materials – the ultimate responsibility for checking and adhering to copyright falls to the user.
Wikimedia Commons	Wikimedia Commons is a very large online database of freely available media files – primarily images, sounds and videos. It began primarily as a means of providing access to materials which are Creative Commons licensed, but has increasingly been adding files for materials that are described as in the public domain. Click here for a list of Wikimedia Files with a category of “Public Domain.” As always, the onus is on the user to confirm the copyright status of materials used and whether works are actually in the public domain. (For more information about this resource, please see our Image Sources Guide.)
The Data Hub	The Data Hub maintains a list of links to collections of materials which are described as in the public domain or which have significant portions of their collections described as in the public domain.

*This content was adpated from UBC (https://copyright.ubc.ca/public-domain/) and is is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.