Duration of Copyright
With the implementation, on the 1st January 2005, of the Free Trade Agreement between Australian and United States Governments, the period of copyright protection has been extended to 70 years. There are some exceptions to this, and these are outlined in the following tables.
The main exception to this rule is copyright material owned by the Commonwealth, State and Territory Governments, (The Crown ) which remains at 50 years.
Refer to following tables for details:
General Rules
(except where a Government, The CROWN, owns copyright)
| Type of material | Factors affecting duration | Copyright has expired by 1st Jan 2005 if: | Duration of copyright if work is still in copyright on 1st Jan 2005 |
| Works first published anonymously or under a pseudonym | . | First published before 1st Jan 1955 | Year first published + 70 years |
| Photos first published anonymously or under a pseudonym | . | Taken before 1st Jan 1955 | Year first published + 70 years |
| Photographs, except for above | . | Taken before 1st Jan 1955 | Life of the creator + 70 years |
| Engravings | Published during creator's life | Creator died before 1st Jan 1955 | Life of creator + 70 years |
| " " | NOT PUBLISHED during creator's life | First published before 1st Jan 1955 | Year first published + 70 years |
| Artistic works except if in one of the above areas | . | Creator died before 1st Jan 1955 | Life of creator + 70 years |
| Computer programs | . | Creator died before 1st Jan 1955 | Life of creator + 70 years |
| Literary, dramatic & musical works | Made public during creator's life | Creator died before 1st Jan 1955 | Life of creator + 70 years |
| " " | NOT made public during creator's life | Made public before 1st Jan 1955 | Year made public + 70 years |
| Cinematograph films | Made before 1st May 1969 and regarded as a "dramatic work" | Creator of film as dramatic work died before 1st Jan 1955 | Life of creator of film as dramatic work or of cinematographer (whichever is longer) + 70 years |
| " " | Made before 1st May 1969 and not regarded as a "dramatic work" | Made before 1st Jan 1955 | Life of cinematographer + 70 years |
| " " | Made on or after 1st May 1969 | None in public domain by 1st Jan 2005 | Year first published + 70 years |
| Sound recordings | . | Made before 1st Jan 1955 | Year first published + 70 years |
| Broadcasts (TV & sound) | Made before 1st May 1969 | Not protected at all | Not protected at all |
| " " | Made on or after 1st May 1969 | These are still in copyright on 1st Jan 2005 | Year made + 70 years |
| Published editions | . | First published before 1st Jan 1970 | Year made + 25 years |
Crown Copyright
Material made or first published by the Commonwealth, or State or Territory Government
| Type of material | Factors affecting duration | Copyright has expired by 1st Jan 2005 if: | Duration of copyright if work is still in copyright on 1st Jan 2005 |
| Photographs & engravings | Made before 1st May 1969 | Made before 1st Jan 1955 | Year made + 50 years |
| " " | Made on or after 1st May 1969 | These are still in copyright as at 1st Jan 2005 | Year first published + 50 years |
| Artistic works (other than above) | . | Made before 1st Jan 1955 | Year of making + 50 years |
| Literary, dramatic & musical works | . | First published before 1st Jan 1955 | Year first published + 50 years |
| Cinematograph films | Made before 1st May 1969 and regarded as "dramatic work" | First published before 1st Jan 1955 | Year first published + 50 years |
| " " | Made before 1st May 1969 and NOT regarded as "dramatic work" | Made before 1st Jan 1955 | Year made + 50 years |
| " " | Made on or after 1st May 1969 | These are still in copyright as at 1st Jan 2005 | Year first published + 50 years |
| Sound recordings | . | Made before 1st Jan 1955 | Year first published + 50 years |
A "dramatic work" for the purposes of copyright protection is defined, in section 10(1) of the Copyright Act 1968 (Cth) as including:
- a choreographic show or other dumb show; and
- a scenario or script for a cinematograph film;
but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film
Films made before 1st May 1969 are regarded as "dramatic Works" if the arrangement, the acting form or the combination of incidents represented gives the work an original character.
Duration of copyrights internationally is a very complicated issue. If your use of materials is likely to extend beyond Australian publication (e.g. international film release) then you will need solid legal advice before assuming a work is in the public domain. For example, see this explanation of US copyright duration.
Created: 20 Sept 2005
Last modified: 24 February 2006
copyright@cqu.edu.au
