Copyrights are important because they give artists control over how their work is used and shared. But what happens to those rights after the creator dies? Knowing the answer is important, not just for creators but also for their families, since these rights can still hold a lot of value long after someone passes away.
What Happens to Copyrights After Death?
When someone who owns a copyright dies, their rights don’t just disappear. In many countries copyrights are treated like property. This means they can be passed on to the heirs of the artist, sold, or managed by someone else.
In North America copyright protection lasts for the life of the author plus 70 years. This means the author’s family or estate holds the rights for 70 years after the author’s death. During this time, they can control how the work is used—whether that means reproducing it, distributing it, or creating new works based on it. After those 70 years, the work enters the public domain, where anyone can use it without needing permission or paying for it.
United States and Canada
Even though both Canada and the U.S. protect copyrights after an author dies, the duration of that protection has historically differed.
Up until recently, Canada followed a life-plus-50-years rule. This older approach balanced the needs of creators with those of the public. However, as of December 30, 2022, Canada extended its copyright term to life plus 70 years, bringing it in line with the U.S. and EU due to commitments under the Canada-United States-Mexico Agreement.
The decision to extend the copyright term sparked some debate in Canada. In a statement from the office of Innovation Minister Francois-Philippe Champagne the change was in order to put Canada in line with many other countries, including the UK, Europe, and Australia.
“Canada will continue to do its part to protect the interests of artists, creators and rights holders, while continuing to balance the needs of industry,” the statement said.
Critics argued that it favored large corporations and the estates of well-established authors, potentially limiting the availability of works in the public domain. Supporters, however, believed it was necessary to keep Canada in line with global standards and to protect Canadian creators in an increasingly international market.
Differences around the World
Internationally, many countries follow the Berne Convention, which sets a minimum copyright term of life plus 50 years. But some countries, like Mexico, go even further, protecting works for life plus 100 years. On the flip side, other countries, like China, have shorter terms (50 years) or special rules for certain types of work.
Understanding what happens to copyrights after someone dies is important for creators and their families because these rights can still be valuable. While the general idea is similar in many places, the length of time copyrights last after death can vary a lot, around the world. Knowing these differences can help creators and their families make better decisions about their work.
An avid book reader and proud library card holder, Angela is new to the world of e-Readers. She has a background in education, emergency response, fitness, loves to be in nature, traveling and exploring. With an honours science degree in anthropology, Angela also studied writing after graduation. She has contributed work to The London Free Press, The Gazette, The Londoner, Best Version Media, Lifeliner, and Citymedia.ca.
