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Help:Public domain

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Revision as of 20:22, 12 May 2012 by imported>Eclecticology (Begin expanding)
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Public domain
This page helps users determine whether a given work is in the public domain in Canada where this site is hosted. The Canadian Intellectual Property Office has A Guide to Copyrights. For a visualization see an archived (no longer current) version of the Canadian public domain flowchart. See the full text of Canada's Copyright Act. If a work is in the public domain in the USA, please post it on Wikisource per its copyright policy.



Section of the Copyright Act of Canada Work type Copyright term (until year end) Public domain
6 General work Life + 50 years Work whose author died through 1975
6.1 Anonymous and pseudonymous work 50 years from publication or 75 years from creation, whichever is shorter Work published through 1975 or created through 1950
6.2 Joint anonymous and pseudonymous work whose authors' identity are all unknown 50 years from publication or 75 years from creation, whichever is shorter Work published through 1975 or created through 1950
7(1), 7(2) Posthumous work, published before the coming into force of Section 7 on July 25, 1997[1] 50 years from publication Works published through 1975
7(3) Posthumous work, unpublished at the coming into force of Section 7 on July 25, 1997, whose author died within 50 years immediately before the coming into force of Section 7 50 years from the coming into force of Section 7, whether published or not (i.e. through 2047) Nothing through 2047
7(4) Posthumous work, unpublished at the coming into force of Section 7 on July 25, 1997, whose author died more than 50 years before the coming into force of Section 7 5 years from the coming into force of Section 7, whether published or not (i.e. through 2002) All works since 2003
8 Repealed Repealed Repealed
9(1) Joint work Life + 50 years until year end based on the last death Work whose last surviving author died through 1975
9(2) Non-Canadian work The rule of the shorter term applies except member states of the North American Free Trade Agreement, i.e. the USA and Mexico
12 Governmental work 50 years from publication with perpetual copyright if never published Work published through 1975, no unpublished work
For the purposes of this Act, “copyright”, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever,... Le droit d’auteur sur l’oeuvre comporte le droit exclusif de produire ou reproduire la totalité ou une partie importante de l’oeuvre, sous une forme matérielle quelconque,...
This sets up somewhat of an equivalence between "copyright" and "droit d'auteur".