Using a published work when its copyright owner cannot be found

An apparently abandoned or orphaned work is not automatically free to use; document a diligent search and consider a licence from Canada's Copyright Board.

A work does not become public domain just because an author, publisher or rights holder is difficult to find. Before using a protected work, seek permission from the person or organization that controls the relevant rights. A Copyright Board licence may be available for certain published works when the owner is unlocatable after reasonable research.

Document the search

Record the title, creator, publisher, publication details and any known rights notices.
Check publishers, archives, libraries, collecting societies, professional directories and prior Copyright Board decisions.
Contact possible rights holders and save dates, messages, replies and search results.
Search separately for each right holder; a work can contain text, images or other elements with different owners.

Apply before using the work

Use the Board's current application and provide a detailed description of the intended use, distribution, copies and research. A licence is not a copyright registration, does not replace permission where the owner can be found and—if granted—authorizes use in Canada only. The Board may set conditions or royalties.

Do not publish, reproduce or distribute the work while an application is pending unless you already have permission or another lawful basis. Consider legal advice when the work is commercially important or the rights are unclear.

Sources and limits

Source: Copyright Board of Canada. A licence is discretionary and limited to its terms; this is not legal advice.

General information based on federal and national rules; provincial rules may differ. Confirm with the official body before acting.