Alexander Holburn
By Sabrina Ouyang & Celeste Borja
June 27th, 2025
After a lifetime of creative output, artists, authors, musicians and other creators alike may wish to think about the legacy they are leaving behind. What happens to the copyright of your works when you die?
Under Canadian law, copyright protects original literary, dramatic, musical, and artistic works that are in a fixed material form – such as written or recorded content. The copyright owner has the sole right to reproduce, perform, and publish the work. As of December 30, 2022, copyright in Canada lasts for the author’s lifetime plus 70 years. After that, the work enters the public domain.
What many creators don’t realize is that 25 years after the author’s death, the copyright automatically reverts to the author’s estate, thereby nullifying any assignments and grants made during the author’s life (except those made by will).
This reversion of copyright is automatic, cannot be waived or reassigned during life, and may significantly affect posthumous royalties and licensing arrangements. A valid will represents the only opportunity for an author to have complete control over what happens to their copyright.
