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ARTICLE · 12 JANUARY 2024

Leaving Neverland And Finding The Public Domain: What Happens When Copyright Expires?

Gowling WLG
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January 1 is a day that most people associate with resolutions, gym membership renewals and taking down holiday decorations. But for those of us who work in the arts and entertainment space...

CanadaIntellectual Property
Susan Abramovitch
Susan Abramovitch
Madison MacColl
Madison MacColl
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January 1 is a day that most people associate with resolutions, gym membership renewals and taking down holiday decorations. But for those of us who work in the arts and entertainment space, we know January 1 is "public domain day" – the day of the year when some previously copyrighted works become free to use without permission.

So, in honour of public domain day, we take this opportunity to examine what happens when copyright expires and why Mickey Mouse and Peter Pan may start to look a little different these days.

Copyright protection

Generally speaking, copyright protection is automatically afforded to an original work the moment it is created. Copyright protects original expressions rather than ideas. When a work is protected by copyright, it cannot (subject to certain "fair use" exceptions) be altered or exploited without the owner's authorization. This is why, until last year, Winnie the Pooh was only depicted as the happy-go-lucky, pant-less friend

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