See our Copyright FAQ for more detailed information. This table provides the general rules for copyright in the following types of material:
- Published Textual Material
- Unpublished Textual Material
- Maps and Plans
- Photos
- Films/Videos
- Sound Recordings
| Type of Material | First Copyright Holder | Term of Copyright |
|---|---|---|
| The law specifies who the first owner of copyright is; however, that person or organization can enter into an agreement to assign the copyright to someone else | ||
| Pamphlets | Author, or employer if done in course of employment | Life of author + 50 years |
| Newspaper articles or clippings; Periodical articles | Publisher of the newspaper or periodical if the writer was an employee; Author if a freelance writer (unless there is an agreement transferring copyright to the publisher) | Life of author + 50 years |
| Entire newspapers | Publisher | Life of author (likely the editor) + 50 years Note: Although not based in law, some organizations have applied a 90-year rule to newspapers, so that newspapers more than 90 years old are considered to be in the public domain. |
| School yearbooks | The yearbook itself: the school Items in the yearbook (e.g., photos, text, artwork): Most likely the author (but depends on the media type) | Life of author (likely the editor) + 50 years Most likely life of author + 50 years (but depends on the media type) |
| Government Publications (federal or provincial) | Crown | First publication + 50 years |
| Unpublished records of an organization e.g., letters, memos, reports, etc. | Organization if the author was one of its employees; otherwise the copyright holder is the author of each work | Life of author + 50 years Note: There is a complicated series of term rules for unpublished works whose authors died before 1999. Consult further sources. |
| Unpublished government records (federal and provincial) in all media types | Crown | First publication + 50 years |
| Unpublished personal manuscripts e.g., letters, diaries, memoirs | Author | Life of author + 50 years Note: There is a complicated series of term rules for unpublished works whose authors died before 1999. Consult further sources. |
| Scrapbooks; other multi-media works or compilations Note: There are two “layers” of copyright in multi-media works or compilations (See What about compilations…?) | The scrapbook itself: Author (whoever selected and arranged the contents) Items in the scrapbook: Depends on the media type | Life of author + 50 years Items in the scrapbook: Depends on the media type |
| Dissertations, theses, essays | Authors | Life of author + 50 years |
| Maps and plans (published or unpublished) | Employer if the author was one of its employees; otherwise copyright holder is the author | Life of author + 50 years |
| Photographs (incl. postcards) taken before 1949 that are NOT Crown works | N/A | Public Domain |
| Photographs taken between 1949 and 6 Nov. 2012, whose author was a person | Author OR Employer if made in the course of employment | Life of author + 50 years |
| Photographs taken between 1949 and 1961 whose “author” was a corporation | N/A | Public Domain |
| Photographs taken between 1962 and 6 Nov. 2012 whose “author” was a corporation | Author (defined as the owner of the initial negative at the time the negative was made) | Life of human author (creator) + 50 years |
| Commissioned photographs (e.g., wedding pictures) ordered between 1949 and 6 Nov. 2012 | Person who ordered the photograph (e.g., the bride) | Life of author + 50 years |
| All photographs taken after 6 Nov. 2012 | Author | Life of author + 50 years |
| Films or videos | Author Note: The Act does not specify who the “author” of a film or video is. Generally, the author is the person responsible for the intellectual or artistic content of a work; in the case of moving image materials it may be the director. OR Employer if made in the course of employment | Life of author + 50 years Note: There is a complicated series of term rules for unpublished works whose authors died before 1999, and other special rules for films or videos that do not have “original “character.” Consult further sources. |
| Sound recordings, i.e., any recording of sounds fixed in any material form (e.g., audiotapes, vinyl disks, CDs) | Maker | 50 years after the sounds were first recorded |
| Oral Histories | Maker (most likely the interviewer unless there is an agreement to the contrary) | 50 years after the interview was first recorded |