How long does copyright last in Australia?

In Plain English

Copyright duration in Australia depends on the type of material and when it was first made public. Here's a simplified breakdown:

  • Original literary, dramatic, musical, or artistic works:
    • If first made public before January 1, 2019, copyright generally lasts for 70 years after the author's death.
    • If never made public or first made public on or after January 1, 2019, it's generally 70 years after it was made, or if it was never made public during the author's lifetime, 70 years after it was first made public.
  • Sound recordings and cinematograph films:
    • If first made public before January 1, 2019, copyright lasts for 70 years after the year it was first made public.
    • If never made public or first made public on or after January 1, 2019, it's generally 70 years after it was made, or if it was never made public during the author's lifetime, 70 years after it was first made public.
  • Television and sound broadcasts: Copyright lasts for 50 years after the year the broadcast was made.
  • Published editions of works: Copyright lasts for 25 years after the year the edition was first published.
  • Crown copyright (Commonwealth or State owned): Copyright lasts for 50 years after the year the material was made.
  • International organization copyright:
    • If first made public before January 1, 2019, copyright lasts for 70 years after the year it was first made public.
    • If never made public or first made public on or after January 1, 2019, it's generally 70 years after it was made, or if it was never made public during the author's lifetime, 70 years after it was first made public.
    • For editions, copyright lasts for 25 years after the year the edition was first made public.

Detailed Explanation

The duration of copyright in Australia is governed by the Copyright Act 1968. The length of copyright protection varies depending on the type of work.

Original Works (Literary, Dramatic, Musical, and Artistic)

  • Section 33 of the Copyright Act 1968 outlines the duration of copyright for original works.
    • For works first made public before 1 January 2019, copyright generally lasts until 70 years after the author's death.
    • For works never made public or first made public on or after 1 January 2019, copyright lasts until 70 years after the year the work was made. If the work was never made public during the author's lifetime, copyright lasts for 70 years after the year it was first made public.

Sound Recordings and Cinematograph Films

  • Section 93 of the Copyright Act 1968 specifies the duration of copyright for sound recordings and cinematograph films.
    • For material first made public before 1 January 2019, copyright lasts until 70 years after the calendar year in which the material was first made public.
    • For material never made public or first made public on or after 1 January 2019, the duration is determined according to a table within the section.

Television and Sound Broadcasts

  • Section 95(1) of the Copyright Act 1968 states that copyright in television and sound broadcasts lasts until the expiration of 50 years after the expiration of the calendar year in which the broadcast was made.

Published Editions of Works

  • Section 96 of the Copyright Act 1968 provides that copyright in a published edition of a work lasts until the expiration of 25 years after the expiration of the calendar year in which the edition was first published.

Crown Copyright

International Organizations

  • Section 188A of the Copyright Act 1968, as inserted by the Copyright Amendment (Disability Access and Other Measures) Act 2017, outlines the duration of copyright for international organizations.
    • For copyright material first made public before 1 January 2019, copyright continues to subsist until 70 years after the calendar year in which the copyright material was first made public.
    • For copyright material never made public, and material first made public on or after 1 January 2019, the duration is determined according to a table within the section.
    • If the copyright material is an edition to which subsection 188(3) applies, the copyright continues to subsist until 25 years after the calendar year in which the edition was first made public.