How do I know if something is protected by copyright?
Answer
Copyright protection arises automatically when a work is created. Generally, copyright continues for 50 years as of the December after the creator’s death.
Some exceptions to this general rule are:
- musical works that are protected for 70 years after the release date
- federal and provincial government works that are protected 50 years as of December from the date of first publication.
Copyright protection for photographs can be complex because of changes to the Act. Generally, photographs are protected for 50 years after the death of the creator if the photograph was taken after November 2012 or was still protected as of November 2012.
Note: This answer comes from the Saskatchewan Polytechnic Copyright website, and provides educational information, not legal advice.
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Comments (2)
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Everything that is relatively original in nature and in fixed form is considered to have copyright. immediately upon creation. A creator can choose to make their work available to others by providing an open license for use, such as creative commons, including a CC0 license which is similar to public domain. Works will lose their copyright or enter public domain when their copyright expires, which (since Dec. 31, 2022) has been set at 70 years after the death of the creator.
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You should assume that every resource has copyright. You must justify your use by either utilizing a copyright exception or obtaining a license to use the resource. If a work is licensed under creative commons (as chosen by the copyright holder), it is immediately available for use. You should always provide attribution for licensed works.
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