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(last updated 02 June 2009)
For example:
Sidney Nolan (1917–1922), Kelly and horse, 1946, enamel on composition
board. Image courtesy of the Nolan Gallery: ng3445.
Or
Frank Hurley (1885–1962), Bedouins changing pastures, Transjordan [camel
train], c. 1910, negative: nitrate. Image courtesy of the National Library of
Australia: an23566025.
For example, (in code view) use:
Image courtesy of the <a href="/cgi-bin/goto.pl?cr_pg=http://nla.gov.au/"> National Library of Australia</a>: an23356315
Instead of:
Image courtesy of the <a href="/cgi-bin/goto.pl?cr_pg=
http://nla.gov.au/nla.pic-an23356315"> National Library of Australia</a>
For example:
'The Bather', photograph by Max Dupain, 1947.
Reproduction of artworks:'The Aeroplane', woodcut print by Margaret Preston, 1925.
| Medium | Publication timing | AUSFTA timing | Copyright duration | |
|---|---|---|---|---|
Original literary, dramatic, musical and artistic works (Some exceptions are detailed below).1 |
Work first published during creator’s life |
Creator died before 1 January, 1955 |
Expired |
|
Creator died after 1 January, 1955 |
Life + 70 years |
|||
Work published after creator’s death, or published anonymously/under a pseudonym |
Work made public before 1 January, 1955 |
Expired |
||
Work made public after 1 January, 1955 |
Published + 70 years |
|||
Work never made public |
|
Continues indefinitely |
||
Prior to 1 January 2005, copyright lasted 50 years either from the time of the creator’s death or the publication of their work. With the AUSFTA, this has been extended to 70 years in many cases. However, copyright that expired before 2005 will not be revived, even if it is still within the 70–year period. E.g. the Australian author Miles Franklin died in 1954 and copyright in her published works expired 50 years from the end of the year in which she died (midnight on 31 December 2004). The copyright in these works has not been revived. However, if an unpublished manuscript of Miles Franklin were found, copyright would apply from the date of publication with rights going to her estate. |
||||
Photographs |
Photo first published under creator’s real name |
Taken before 1 January 1955 |
Expired |
|
Taken after 1 January 1955 |
Life + 70 years |
|||
Photo published anonymously/under a pseudonym |
Taken before 1 January 1955 |
Expired |
||
Taken after 1 January 1955 |
Published + 70 years |
|||
While unpublished, especially in the form of a negative, copyright continues indefinitely. However, once published as a print, in an album or an exhibition (but not necessarily in a publication) under the creator’s name, the duration of copyright will last until 70 years from the end of the year in which the creator died (if taken after 1 January 1955). A photograph of an object, such as architecture or an artwork, may require permission from the copyright holders of both the photograph as well as the object displayed in the photograph (providing the photograph meets the criteria of originality). Other areas of law govern the commercial photography of environmental and heritage sites, as well as photography of Indigenous people. Different copyright provisions apply when a photograph is commissioned, taken in the course of employment or for family purposes. |
||||
Sound recordings |
|
Made before 1 January 1955 |
Expired |
|
|
Made after 1 January 1955 |
Published + 70 years |
||
Items often include several copyright interests. The published works of novelist Marcus Clarke are now out of copyright, but a sound recording of For the Term of his Natural Life may still be protected. If the recording were of an abridged version or translation of the original, these may also be protected, as might the dramatisation of the recorded work. In this case permission may be needed to use the recording, the version and the dramatisation. |
||||
Broadcasts |
Aired before 1 May 1969 |
|
Expired |
|
Aired on or after 1 May 1969 |
|
Published + 50 years |
||
In the above example, permission would not be required to recite For the Term of his Natural Life in a broadcast. Even for protected works, the Copyright Act allows for the reading of ‘an extract of reasonable length from a published literary or dramatic work’ without permission. |
||||
1. For further information visit the Australian Copyright Council website <www.copyright.org.au>.
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