Before you can determine whether or not you have permission to reproduce a work for any purpose, whether that is copying a chapter from a book to share with a class or using an image in a presentation, you need to know whether that work is in copyright.
In an academic context, the most common copying questions relate to works such as journal articles and books but increasingly include questions about copying images, videos, and music.
Canada as of December 30th, 2022: The term of copyright in Canada has changed to "the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year." (Government of Canada, 2022). As part of the transitional provision, any works whose copyright expired prior to Dec 30th, 2022 will remain in the public domain.
For example, the musician and poet Jim Morrison died in 1971. 50 years from the end of that year (2022), his works entered the public domain in Canada and will remain in the public domain as a result of the transitional provision. However, after Dec 30th, 2022 a 70-year term after the life of the author would apply. So, in 2023 the works of authors who died in 1952 will enter the public domain. Under the previous 50-year term in Canada, the date would have been 1972.
It is possible to reproduce copyrighted works under certain conditions. For example, the library licenses millions of articles, books, videos, and other electronic resources. These licenses may include permission to reproduce the works in certain contexts, like within the learning management system. Copyright requires that the reproduction be "substantial", so insubstantial copying may be allowable. The most important provision in the Canadian copyright act for users is Fair Dealing which permits copying for specific purposes, including educational use so long as the dealing can be shown to be fair. Finally, many works are now created and assigned Creative Commons Licenses which are designed to permit users of works to copy and reuse them at the inception. To learn more about these options please follow the links below:
What is Copyright
Copyright is "the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof." (Government of Candada, 2022).In an academic context, the most common copying questions relate to works such as journal articles and books but increasingly include questions about copying images, videos, and music.
Public Domain in Canada Pre and Post Dec 30th, 2022
Copyright doesn't last forever and eventually does expire. When the term of copyright expires, the work enters the public domain and is then available for anyone to use and copy without permission or payment. The date on which works enter the public domain is determined by the copyright laws in your country.
Canada Prior to December 30th, 2022: The term of copyright was the life of the author, the remainder of the calendar year in which the author dies, and a period of 50 years following the end of that year.Canada as of December 30th, 2022: The term of copyright in Canada has changed to "the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year." (Government of Canada, 2022). As part of the transitional provision, any works whose copyright expired prior to Dec 30th, 2022 will remain in the public domain.
For example, the musician and poet Jim Morrison died in 1971. 50 years from the end of that year (2022), his works entered the public domain in Canada and will remain in the public domain as a result of the transitional provision. However, after Dec 30th, 2022 a 70-year term after the life of the author would apply. So, in 2023 the works of authors who died in 1952 will enter the public domain. Under the previous 50-year term in Canada, the date would have been 1972.
Can I still copy or reproduce works in Copyright?
It is possible to reproduce copyrighted works under certain conditions. For example, the library licenses millions of articles, books, videos, and other electronic resources. These licenses may include permission to reproduce the works in certain contexts, like within the learning management system. Copyright requires that the reproduction be "substantial", so insubstantial copying may be allowable. The most important provision in the Canadian copyright act for users is Fair Dealing which permits copying for specific purposes, including educational use so long as the dealing can be shown to be fair. Finally, many works are now created and assigned Creative Commons Licenses which are designed to permit users of works to copy and reuse them at the inception. To learn more about these options please follow the links below:
| Fair Dealing |
| Creative Commons |
| Library Licensed Resources |
| Seeking Permission |
| Questions: copyright@uwindsor.ca |
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