What happens after copyright expires?

Copyright Protection

Generally speaking, original works are automatically protected by copyright as soon as they are created. Copyright protects original expression, not ideas. When a work is protected by copyright, it cannot (subject to certain "fair use" exceptions) be modified or exploited without the owner's authorization.

As with most intellectual property rights, the intention behind copyright law is to balance competing interests: on the one hand, giving copyright creators a legal interest in their creations, and on the other hand, allowing the public to build on existing works. creation.

In line with its commitments under the United States-Mexico-Canada Agreement (USMCA), Canada recently implemented amendments to the Copyright Act that extend copyright protection for literary, dramatic, musical and artistic works. These amendments come into effect on December 30, 2022, and as a result, the copyright protection period for works in Canada changes from 50 years to 70 years from the death of the author.

The 70-year period generally begins on January 1 after the creator's death, but there are exceptions. For example, copyright protection for a work created for hire for a U.S. company is 95 years from the year of first publication, or 120 years from the year of creation, whichever expires first. But this concept does not exist in Canada. The duration of copyright in Canada remains the life of the author plus 70 years, regardless of whether the work was created under an employment or service contract.

into the public domain

After the copyright protection period expires, the work will enter the public domain. In Canada, the United States, and many other countries, works enter the public domain on January 1 of each year.

This freedom and openness is not limited to copying works in the public domain. Works with expired copyright may be adapted, modified, and remixed, subject to the following restrictions.

On January 1 this year, Mickey Mouse's cartoon short "Steamboat Willie" (Steamboat Willie), JM Barrie's dance drama "Peter Pan" (Peter Pan) and the novel "All Quiet On the Western Front" (All Quiet On the Western Front) ) entered the public domain in the United States. Currently, there are already creations that utilize the image of Mickey Mouse that has entered the public domain.

Proceed with caution

Because copyright laws vary from country to country, the same work may be treated differently in different jurisdictions. Generally, the copyright laws of your country apply to use of a work in that country, even if the work was created in another country or by a national of another country.

In Canada, for example, AA Milne's Winnie the Pooh entered the public domain in 2007, followed by Winnie the Pooh's House in 2008. This is because the copyright protection period in Canada is still 50 years plus the life of the author. Therefore, the two AA Milne books entered the public domain in Canada 16 years earlier than in the United States, where their copyright protection expires in 2023 and 2024 respectively.

A derivative work is a work based on or derived from one or more pre-existing works and enjoys separate copyright protection. This means that, although the copyright on the original version may have expired, other derivative versions of the work may still be entitled to copyright protection. For example, Mickey Mouse as originally depicted in Steamboat Willie has entered the public domain in the United States, but later versions of Mickey Mouse remain protected by copyright.

Translation is also a common example of a derivative work. Although AA Milne's "The House at Winnie the Pooh Corner" entered the public domain in the United States this year, many translations published later are still protected by copyright in the United States.

But members of the public who need to use a work still need to be careful, as determining whether a work is copyrightable can be complicated. Additionally, copyright is only a form of protection; trademark registrations and other intellectual property rights may also restrict how the work can be used. It is best to seek legal advice and advice from a local attorney before using copyrighted works, including those that appear to have entered the public domain.