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Portrait studio property rights

Replies: 3

Re: Portrait studio property rights

Posted: 10 Oct 2013 9:37PM GMT
Classification: Query
Canadian Copyright Legislation says the following:

Term of copyright

6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.

R.S., 1985, c. C-42, s. 6;
1993, c. 44, s. 58.

Marginal note:Anonymous and pseudonymous works

6.1 Except as provided in section 6.2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:

(a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and


(b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,


but where, during that term, the author’s identity becomes commonly known, the term provided in section 6 applies.

1993, c. 44, s. 58.

Marginal note:Anonymous and pseudonymous works of joint authorship

6.2 Where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:

(a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and


(b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,


but where, during that term, the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies, and a period of fifty years following the end of that calendar year.

1993, c. 44, s. 58.

Marginal note:Term of copyright in posthumous works

7. (1) Subject to subsection (2), in the case of a literary, dramatic or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published or, in the case of a lecture or a dramatic or musical work, been performed in public or communicated to the public by telecommunication, before that date, copyright shall subsist until publication, or performance in public or communication to the public by telecommunication, whichever may first happen, for the remainder of the calendar year of the publication or of the performance in public or communication to the public by telecommunication, as the case may be, and for a period of fifty years following the end of that calendar year.

SubjectAuthorDate Posted
SueDee47 9 Oct 2013 8:53PM GMT 
sstanger1 10 Oct 2013 2:13AM GMT 
SueDee47 10 Oct 2013 3:15AM GMT 
rcrawfor_32 11 Oct 2013 3:37AM GMT 
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