Public Domain
[Updated: 23 Sep 2024]
When materials are in the public domain, none of the limitations or restrictions of copyright apply to those materials. In other words, materials in the public domain are free for everyone to use without permission or payment.
Materials in the Public Domain
Materials can be in the public domain for a variety of reasons:
- the term of the copyright in the work has expired;
- the material was not eligible for copyright protection in the first place; or,
- the copyright owner has authorized the public to use the work without limitations and without permission or payment.
Some examples of materials in the public domain are explained below.
Expired Term of Copyright
Upon the expiry of the term of copyright, the work enters the public domain.
In Canada, generally the term of copyright lasts for "the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year" (Copyright Act, s. 6). This term was increased from life plus 50 years effective 30 December 2022, without retroactive effect.
The duration of copyright protection differs from the general term (life plus 70 years) in the case of exceptions and certain types of works. To determine when the term of copyright expires for a given work, please consult the Canadian Copyright Term and Public Domain Flowchart.
Titles, Names, Slogans, Short Word Combinations
Copyright protection is available only for substantial portions of works. Portions that are not considered substantial can be used freely. Whether a portion of a work is substantial is a matter of interpretation, which can have both qualitative and quantitative aspects. For instance, an original and distinctive title may be protected (i.e., considered substantial) even though it represents only a very small portion of the whole work. To learn more, see the Substantiality page.
Ideas
Copyright protects the expression of an idea but does not extend to the idea itself. Until an idea is expressed in a fixed form (i.e., paper, electronic or digital media), there is no copyright protection available for it.
Facts
Facts themselves are not protected by copyright, but rather it is the expression of those facts that is protected. For example, the facts in a magazine article are in the public domain. Anyone can use those facts as long as they are not reproducing the way the author of the article has expressed them.
Resources on the Public Domain
The purpose of this flowchart is to assist in the determination of the copyright term of any work based on its specific characteristics.
Opening Up Copyright Instructional Module: Public Domain
This video module summarizes the public domain’s scope and relationship with copyright, and discusses the three categories of works in the public domain.
UBC Resources on Public Domain
This page provides information and guidance on issues related to the public domain. It also includes a list of web resources that provide access to public domain works.