User:Padraic/PD

Is it public domain in Canada?

Is it a photograph?

Photographs are subject to different rules than other works.

Was the photograph taken before January 1, 1949?

If so, then your photograph is definitely public domain in Canada, and should be tagged with {{PD-Canada-photo}}. Proceed to the section below to determine if the photo is also public domain in the United States.

Was the photograph taken after January 1, 1949?

If your photo was taken after this date, then its status is determined by the date of the death of the creator.

• If the copyright is held by a single person, then the photograph enters the public domain 50 years after the death of the creator. (Tag with {{PD-Canada-creator}}).
• If the copyright is held by joint creators, then it enters the public domain 50 years after the death of the last-surviving creator. (Tag with {{PD-Canada-creator}}).
• If the copyright is held by a corporation, of whom the creator is not a majority shareholder, it enters the public domain 50 years after creation. (Tag with {{PD-Canada-corp}}).
• If the copyright is held by a corporation, of whom the creat is the majority shareholder, then it enteres the public domain 50 years after the creator's death. (Tag with {{PD-Canada-creator}}).

If the photograph doesn't met any of these criteria, it has not yet entered the public domain. If it does meet one of these criteria, proceed to the section below to determine if it is also public domain in the United States.

Is it Crown copyright?

In general, works created by the Canadian government are subject to .

These works enter the public domain 50 years after publication and should be tagged with {{PD-Canada-Crown}}. Crown works which have not been published never enter the public domain.

Is it a non-Crown copyright, non-photograph work?

Are any of the creators still living?

If so, the work is definitely not in the public domain. The instructions below can help you determine when it will enter the public domain.

When was the work published?

• Before January 1, 1999: This work enters the public domain 50 years after publication.
• After December 31, 1998: This work enters the public domain 50 years after the death of the creator.

Was the work unpublished?

In the case of multiple creators, this date refers to last death.

• Before January 1, 1949: This work entered the public domain on January 1, 2004.
• Between January 1, 1949 and December 31, 1998: This work will enter the public domain on January 1, 2049.
• After December 31, 1998: This work will enter the public domain 50 years after the (last) creator's death.

If any of the above conditions are met, tag the file with {{PD-Canada-creator}}, and proceed to the section of US copyright.

Is it public domain in the United States?

Is is a photograph?

• Published before, or in, 1923: These photographs are in the public domain in the US and should be tagged with {{PD-US}}.

Is it subject to Crown copyright?

• Published before, or in, 1923: These works are in the public domain in the US and should be tagged with {{PD-US}}.
• Published between 1924 and 1945, without © notice: These works are in the public domain in the US and should be tagged with {{PD-URRA|country=Canada|reason=Failure to comply with US formalities, PD in Canada in 1996}}.
• Published between 1924 and 1945, with © notice:
• Published after 1946: This is work is

References

• Canadian Public Domain Flowchart, Creative Commons Canada.