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Copyright – Yukon’s Digital Library

The Yukon Archives uses the current version the Canadian Copyright Act (R.S.C. 1985, c. C-42) to determine the copyright status of each title added to this website.

The following sections of the Act are used to determine:

a) Titles in the public domain

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 (R.S.C. 1985, c. C-42, s.6; S.C. 1993, c.44, s. 58(6) or R.S.C. 1985, c. C-42, s.6 ; repealed and substituted by S.C. 1993, c.44, s. 58(6))

b) Ownership of copyright

Subject to this Act, the author of a work shall be the first owner of the copyright therein. (R.S.C. 1985, c. C-42, s.13(1))

i) Work made in the course of employment

Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical (R.S.C. 1985, c. C-42, s. 13(3))

ii) Crown copyright

Without prejudice to any rights or privileges of the Crown, where any work is, or has been, prepared or published by or under the direction or control of Her Majesty or any government department, the copyright in the work shall, subject to any agreement with the author, belong to Her Majesty and in that case shall continue for the remainder of the calendar year of the first publication of the work and for a period of fifty years following the end of that calendar year. (R.S.C. 1985, c. C-42, s. 12; S.C. 1993, c. 44, s.60(1) or .R.S.C. 1985, c. C-42, s. 12 ; repealed and substituted by S.C. 1993, c. 44, s. 60(1))

iii) Joint ownership (anonymous or pseudonymous works of joint authorship)

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. (Added by S.C. 1993, c. 44, s.58)

In the case of a work of joint authorship, except as provided in section 6.2, copyright shall subsist during the life of the author who dies last, for the remainder of the calendar year of that author’s death, and for a period of fifty years following the end of that calendar year, and references in this Act to the period after the expiration of any specified number of years from the end of the calendar year of the death of the author shall be construed as references to the period after the expiration of the like number of years from the end of the calendar year of the death of the author who dies last. (R.S.C. 1985, c. C-42, s. 9(1); S.C. 1993, c. 44, s.60(1))

iv) Fair Dealing

Research or private study
Fair dealing for the purpose of research or private study does not infringe copyright. (R.S.C, 1985, c. C-42, s. 29; R.S., 1985, c. 10 (4th Supp.), s. 7; 1994, c. 47, s. 61; 1997, c. 24, s. 18.)

Criticism or review
Fair dealing for the purpose of criticism or review does not infringe copyright… (S.C. 1997, c.24, s.18)

News reporting
Fair dealing for the purpose of news reporting does not infringe copyright… (S. C. 1997, c. 24, s. 18)

c) Titles still in copyright
The Yukon’s Digital Library website provides access to titles that are still in copyright. Each of these copyrighted titles is made accessible only with written permission of the copyright holder(s).