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Canada to change copyright term

By Jaimie Bordman

The length of the term of copyright protection in Canada is going up.

Canada’s budget implementation bill contains amendments to the Copyright Act that will extend the term of copyright. The new term length will be the life of the author, plus 70 years. This is up from the current term which extends for the life of the author plus 50 years.

Under a term of the United States-Mexico-Canada trade agreement (the “USMCA”), each party must provide under its laws copyright having a term of 70 years from the death of the author. The amendments to Canada’s Copyright Act will bring Canada into compliance with this term of the USMCA.

This change will have potentially significant implications for both copyright owners and users of content. If you have questions or concerns over how you or your business may be impacted, Moffat & Co. would like to help. Please contact us to more information.

Jaimie Bordman is an associate and litigation specialist with Moffat & Co.

Important note: The Canadian Intellectual Property Office (CIPO) has recently undergone major changes to its internal IT system. Consequently, a number of CIPO’s routine operations are experiencing significant delays, including processing correspondence and filings, issuing outgoing correspondence, maintaining accurate application statuses, and more. It is currently unknown when these delays will be resolved, but we will continue to closely monitor all cases and the situation for any developments.

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