Copyright status of Bank of Canada note images

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I've been wondering about copyright issues on images of Bank of Canada notes.

Copyright terms in Canada expire 50 years after the death of the creator, or in the case of Crown copyright (government works), 50 years after the date of publication.

Since the Bank of Canada still claims copyright status of 1935, 1937, and 1954 notes, this leads me to believe that Bank of Canada notes are not subject to Crown copyright. Is that true, and if so, when do the copyrights expire? They can't last forever. Or can they?

Good question... it's not something I have knowledge of, but I would like to know the answer.

OK, thinking about this a little...

It may possibly be the case that older notes' copyright has lapsed, but that does not mean it's OK to reproduce images of them.  The Copyright Act is only half of the puzzle when it comes to this stuff.

Because the old notes are still considered "current" banknotes (insofar as they are still redeemable and still held as a liability of the Bank of Canada), the Criminal Code could consider reproductions as counterfeiting.  The same definition of current could apply to *any* banknote issued by any bank or its successor who still survives or failed after 1890.

It's a bit of a gray area, particularly concerning digital images, but I suppose it could be argued that a digital image of a banknote might be a tool for counterfeiting, just like a computer or printer might be.

Bottom line (as far as I'm able to reason):  Unless you're dealing with banknotes of defunct bank from prior to 1890, you're probably going to run into some form of protection against the reproduction of banknote images.

Thanks BWJM.

I'm well aware that copyright is only half of the equation, and that Criminal Code provisions (specifically Section 457) that restrict the use of images of "current bank notes" are the other half. I agree that any Bank of Canada note could be considered "current" under the Currency Act.

The but my query was specifically on the copyright half of things that the Bank of Canada claims, and not the Criminal Code half.

For example, what if I made a large poster of a 1954 note and displayed it publicly. The Criminal Code allows this because the note is "greater than one-and-one-half times the length or width". And if Bank of Canada notes are subject to Crown Copyright, then the Bank of Canada has no copyright claim on the image, since its copyright expired in 2005. That would make such a poster legal with no permission required from the BoC.

The question comes down to whether or not BoC notes are subject to Crown copyright; and if not, when do their copyrights expire.

I asked the BoC about this two months ago by email, received a reply a few weeks later saying that they are still consulting their legal team about it. I received another reply yesterday saying the same thing.

I'm not sure that even their legal team knows the answer...

The BoC got back to me today. They are not answering my question; refusing to either confirm or deny whether if Bank of Canada note images are covered by Crown copyright, and/or when those copyrights may expire.

Thinking some more...

Crown copyright applies to any work that "is, or has been, prepared or published by or under the direction or control of Her Majesty or any government department"

Crown corporations, which the Bank of Canada is, are wholly owned by Her Majesty in right of Canada.

Sooo... this sounds to me like Bank of Canada notes are covered by Crown copyright (enter public domain after 50 years of publication) and by their response, they just don't want anybody to know.

Interesting to ponder anyway.