As Instructional Designers you know copyright exists to balance protection for intellectual property and ensure greater access to ideas for the benefit of society. Are you aware of the latest change in Canadian copyright law that may please some copyright owners more than those wanting access to their works?

What’s new?

Under the Canada-United States Mexico agreement (CUSMA), copyright protection has been extended from 50 years to 70 years as of Dec. 30 2022. This means that no new artistic works (including books, films, music etc) will enter the public domain before 2043. Previously Canadian copyright law assured copyright protection for the extent of an author’s life plus 50 years. This will not change for works that are already in the public domain. So, authors who died before 1972, like Hemingway, enter the public domain in Canada but won’t in many other jurisdictions.

Why the change?

Canada agreed to amend copyright law in this way before Dec. 31 2022 in the new North American free trade agreement (CUSMA). This was to bring Canadian copyright law into line with the American one that ensures copyright protection for 70 years after a creator’s death. In doing so, Canadian copyright now aligns with a lot of similar global laws in countries like those in the European Union and the UK.

Why should we care?

In a recent article, Change to copyright laws means you'll have to wait to use this literary giant's work for free, the CBC points out that the works of J.R.R. Tolkien, who died in 1973, were slated to enter the public domain this year, but instead will be protected for 20 more years to the disappointment of many fans.

As instructional designers we need to keep a close eye on public domain works to be aware of options to include in courses. It’s a best practice to keep up to date on copyright laws to avoid potential red flags in any future course designs.

For more information

You can consult the guide to copyright on the Canadian government website that highlights this change and the basics of copyright as interpreted by Canadian law.

Do you have any questions or comments on this new copyright modification? We'd love to hear from you.