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Copyright Information

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Photo of camera and photographs
Photo by NordWood Themes on Unsplash

In Canada, copyright is automatically added to anything that is created by a person. As soon as a person takes a photo, it is covered under copyright by the creator and generally lasts until 70 years after the creator's death. Copyright means the photo cannot be used by another person without the creator's permission.

Important changes to Canada’s copyright legislation came into affect on December 31, 2022, which updated the timing of works entering into the public domain from 50 to 70 years. This brought Canada's copyright laws in line with the US and Europe's copyright periods. In Canada, if the creator of a work died in 1972 or after, their works are copyrighted until 70 years after their death. If the creator died in 1971 or before, their works are copyrighted until 50 years after their death.  

What is copyright-free?

Copyright-free means a work that is not protected by copyright. In Canada, there are two main ways a work is copyright-free:

  1. The copyright for a work has expired.
  2. The owner of the work has permanently waived their rights to enforce copyright.

What is public domain?

Public Domain is any work that is not protected by copyright law in Canada. This means any work in the Public Domain can be used, copied or adapted without any restrictions by the creator. It is incorrect to assume anything available on the internet is in the Public Domain; each photo may have copyright.

Copyright Guidelines

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The starting point for information on Canadian copyright by the government department that oversees all updates and changes.

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From Canadian Copyright Law, a quick overview of the copyright of photographs.

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From the Canadian Intellectual Property Office, a basic guide to what copyright is and what is protected under Canadian law.

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A great breakdown of what Canadian copyright law says about different types of works. Includes exceptions.

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A helpful link to frequently asked questions about copyright from Ryerson University Library.

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The UBC Library has a very thorough guide to determining if a work is covered under Canadian copyright law or in the Public Domain.

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A very informative FAQ on copyright for photographers and people wanting to use digital images in Canada. Canadian Internet Policy and Public Interest Clinic is based at the Centre for Law, Technology & Society at the University of Ottawa’s Faculty of Law in Canada.

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The Tyee article gives a good overview of Creative Commons and some of the pros and cons of digital photography sharing.

Recommended Titles

Remote Media URL
Cover Image for Canadian Copyright: A Citizen's Guide
Murray, Laura Jane
Call Number
070.5026 M98c1
Publication Year
2013
This easy-to-understand guide to Canadian copyright explains the history, the law and issues to be aware of when using someone else's work.
Remote Media URL
Cover Image for Canadian Copyright Law
Harris, Lesley Ellen
Call Number
070.5026 H31c3
Publication Year
2014
The fourth edition of Canadian copyright law (2014). Updates include copyright related to digital media.