Union européenne
Droit d'auteur et droits connexes
[Follow-up question] Will this term apply even in the case where a work is published 40 years after its making?
Yes, the term of 75 years from making would apply. In examining whether Canada's legislation on this point is consistent with TRIPS, Article 12, it was taken in account that TRIPS, Article 12, applies with respect to categories of works. However, Berne Article 7(3) and Section 6 of the Canadian Copyright Act apply with respect to the much more limited case of circumstances of authorship. In any event, the economic impact here is not likely to be very significant because we are discussing the very narrow case of anonymous or pseudonymous works left unpublished for more than a quarter of a century.