Jaclyn Chambers Page, Dalhousie University Copyright Librarian

When the calendar flips to December in Canada, you don’t have to look far to find an adaptation of Charles Dickens’ classic story, A Christmas Carol. From the Muppets to Bill Murray, there seems to be an endless collection of reimagined Scrooges. If you’re interested in reading the original, you can legally download it free of charge from several places online. What makes this proliferation of Christmas spirits possible? The work’s public domain status. 

What is public domain? 

Public domain refers to works not under copyright protection that can be used free of charge without further permissions or payment of royalties. Works can enter the public domain for several reasons, including expiration of copyright due to age.  

What is changing? 

Historically, most works entered the public domain in Canada 50 years after the death of the author/creator (see sections 6-12 of the Copyright Act for information on exceptions). Effective December 30, 2022, the terms of public domain in Canada will change to the life of the author plus 70 years. This change is necessary to meet the terms of the Canada-United States-Mexico (CUSMA) trade agreement. It is important to note that this change will not be retroactive; works already in the public domain in Canada will remain in the public domain. 

What does this mean? 

A copyrighted work enters the public domain on January 1st of the year following the expiration of its copyright term; this means the creator must have died in 1971 for the work to be in the public domain in Canada, as of December 30, 2022. No further works will enter the public domain in Canada due to the expiration of its copyright until January 1, 2043. This means if you would like to use works created by someone who died in 1972 or later, you must abide by the terms and exceptions outlined in the Copyright Act of Canada.   

Let’s say you are interested in compiling a book that explores the works of Canadian politician Frank Underhill and former Canadian Prime Minister Lester B. Pearson. The change in Canada’s public domain term means that you will be able to reuse Underhill’s works without further permission since he died in 1971 (Stevenson, 2013). However, Pearson died the following year, on December 27, 1972 (Bothwell, 2021), so you would either have to seek permission from his estate or wait another 20 years to reuse his works in the book. 

Who can help me with my questions? 

Dalhousie’s Copyright Office is available to help you navigate your rights and responsibilities regarding copyright in educational and/or research contexts. Please note the Copyright Office does not provide legal advice, but general guidance for responsible practices at Dalhousie University. The copyright office can be reached at copyright.office@dal.ca. 

An online information session on these changes will take place as part of the Copyright Office’s Copyright Quickchat series on Friday, February 17, 2023 from 12-12:30pm. Additionally, the Copyright Office will hold online open drop-in sessions every Wednesday from 10am-11am beginning January 11th, 2023 if you would like to chat in person.  

 

Fortunately, the changes to Canada’s public domain do not affect the works of Charles Dickens since he died in 1870 (Collins, 2022), so you can still take a free journey with the Ghost of Copyright…er…Christmas Past.  

Visit The Public Domain Review to find more works in the public domain. 

 

References
 

Bothwell, R. (2021). Lester B. Pearson. In The Canadian Encyclopedia. Retrieved from https://www.thecanadianencyclopedia.ca/en/article/lester-bowles-pearson 

Collins, P. (2022, December 4). Charles Dickens. Encyclopedia Britannica. https://www.britannica.com/biography/Charles-Dickens-British-novelist 

Stevenson, G. (2013). Frank Hawkins Underhill. In The Canadian Encyclopedia. Retrieved from https://www.thecanadianencyclopedia.ca/en/article/frank-hawkins-underhill