Canada Extends Basic Term of Copyright Protection To “Life of Author Plus 70 Years” Starting December 30, 2022
On November 17, 2022, the Government of Canada published an Order in Council to bring into force recent amendments to Canada’s Copyright Act (the “ Act”) which extend the basic term of copyright protection under the Act in literary, dramatic, musical and artistic works, from 50 years to 70 years after the end of the year of the author’s death. The changes to the Act will come into force on December 30, 2022.
Background
The amendments, discussed in our earlier Update, were part of Bill C-19.1 Bill C-19 was designed to implement Canada’s commitment in the Canada - United States - Mexico Agreement to extend its basic term of copyright protection for works to “life plus 70” from “life plus 50”, thereby aligning it with the counterpart longer terms of copyright protection in the United States and the European Union.2
Bill C-19 was granted Royal Assent on June 23, 2022, however, the changes to the Act come into force on December 30, 2022, pursuant to the Order in Council.
Implications
The Government of Canada’s decision to bring the 20-year extension of the copyright term into force on December 30, 2022, one day before the end of the 2022 calendar year, has several implications. First, the 20-year extension will not apply to any works that are already in the public domain before December 30, 2022. Second, if the copyright in a work would have expired on December 31, 2022 (i.e., 50 years after “...the end of the year of the author’s death”), the term will now be extended by a further 20 years to December 31, 2042. Finally, the new 20-year extension will apply to any work whose term of copyright does not expire on or before 2022.
For further information concerning these amendments, please contact any member of our Entertainment Group.
The author would like to thank Max Borins, Articling Student-At-Law, for his assistance in writing this Update.
1Bill C-19, Budget Implementation Act, 1st Sess, 44th Parl, 2022 (assented to 23 June 2022), SC 2022, c 10 <https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/royal-assent>.
2Canada-United States-Mexico Agreement (CUSMA), 1 July 2020 <Government Bill (House of Commons) C-19 (44-1) - Royal Assent - Budget Implementation Act, 2022, No. 1 - Parliament of Canada>.
Expertise
Authors
Insights
-
Entertainment
Ask an Expert: Key risks and considerations relevant to performers who are active on social media, Performers Magazine
In a recent article for ACTRA Toronto's Performers Magazine, Tara Parker and Megan Brooks discuss the considerations performers should weigh before posting something to a public-facing… -
Entertainment
Canada launches public consultation on Generative AI and Copyright Law
On October 12, 2023, Canada’s Minister of Innovation, Science and Industry and its Minister of Canadian Heritage launched a public consultation on the implications of generative artificial… -
Entertainment
So You Want To Produce In Canada, Eh?
If you are considering producing in Canada, there’s a lot you not only need to know, but want to know. Why? Because it can save you both time and money - and who doesn’t want that? The discussion… -
Entertainment
CRTC Announces Three-Phased Public Consultation Plan to Implement the Online Streaming Act in Canada
On May 8, 2023, the Canadian Radio-television and Telecommunications Commission (CRTC) unveiled its three-phased regulatory plan (the “Regulatory Plan”) to consult with the public to implement the… -
Entertainment
The Online Streaming Act: Canada Passes New Legislation to Regulate Online Streaming Services
On April 27, 2023, Bill C-11, titled the Online Streaming Act (the “Act”), was passed by the Canadian Senate and received Royal Assent, officially becoming law in Canada. The Act is designed to… -
Technology
U.S. District Court Finds NBA Top Shot Moments may be Subject to U.S. Securities Laws
On May 12, 2021, a class action law suit was filed against Dapper Labs, Inc. in the U.S. District Court for the Southern District of New York (the “Court”) alleging that Dapper Labs violated U.S…
Featured Work
-
Tax
Cineplex announces comprehensive refinancing plan
Goodmans is acting for Cineplex Inc., a leading Canadian entertainment and media company, in connection with its announcement of a comprehensive refinancing plan to improve financial flexibility and… -
Mergers and Acquisitions
Cineplex Inc.'s Player One Amusement Solutions business acquired by OpenGate Capital
Goodmans LLP acted for Cineplex Inc., a Canadian entertainment and media company, in connection with OpenGate Capital acquiring the amusement solutions business of Cineplex… -
Mergers and Acquisitions
Screaming Eagle announces merger with Lionsgate Studios
Goodmans LLP is acting for Screaming Eagle Acquisition Corp. in connection with its proposed merger with the Studio Business of Lionsgate Entertainment Corp., comprised of its Television Studio and… -
Entertainment
Representing Shaftesbury Inc.
Goodmans LLP represents Shaftesbury Inc., a leading Canadian producer of scripted productions including the well-known and popular TV programs “Murdoch Mysteries," “Frankie Drake Mysteries," “Hudson… -
Entertainment
Launch of Blink49 Studios Inc.
Goodmans LLP acts for Blink49 Studios, a new Canadian-controlled studio venture backed by Endeavor Content… -
Entertainment
Amazon Prime Video Productions Filmed in Canada
Goodmans LLP provides ongoing advice to Amazon Studios re: productions produced or post-produced in Canada which stream on Amazon Prime Video…
News & Events
-
Banking and Financial Services
The Canadian Legal Lexpert Directory 2024 Continues to Recognize Goodmans
We are proud to announce Goodmans LLP has once again been recognized in the 2024 edition of The Canadian Legal Lexpert Directory.91 Goodmans lawyers have been recognized as top-tier in their… -
Banking and Financial Services
Who's Who Legal Continues to Recognize Goodmans in the Canada 2023 Guide
We are pleased to share Goodmans lawyers have been recognized across Who's Who Legal's National Guide: Canada 2023. WWL National Guides identify national or regional leaders in a sector, industry… -
Banking and Financial Services
Goodmans Continues to Receive Top Tier Recognition from The Legal 500 Canada
We are pleased to announce Goodmans LLP has once again received top tier recognition from The Legal 500 Canada in their 2024 Guide released today. Recognition from The Legal 500 is based on…