Duration of copyright

Contributed by Annette Rubinstein and Fitzroy Legal Service and current to 1 September 2005

WORKS

Copyright in literary, artistic, dramatic or musical works normally lasts for 70 years after 31 December of the year the author died (or the last author to die, in the case of works of joint ownership). There are a few exceptions.

Unpublished works

If the work has not been published, performed in public, or broadcast, and no records of the work have been offered for sale before the death of the author, copyright lasts for 70 years after 31 December of the year the work was first published, performed, broadcast or offered for sale (s.33(3)).

Anonymous works

If the author of a work (other than a photograph) is unknown, copyright lasts until 70 years after 31 December of the year of the first publication of the work (s.34).

SOUND RECORDINGS AND FILMS

Copyright lasts until 70 years after 31 December of the year the recording or film is first published (s.93, s.94).

BROADCASTS

Copyright lasts until 70 years after 31 December of the year the broadcast was made. However, if the same material is broadcast on more than one occasion, the copyright period for the second broadcast is the same period that applied to the first broadcast (s.95).

PUBLISHED EDITIONS

Copyright in published editions lasts until 25 years from 31 December of the year in which the edition was first published (s.96).

Impact of the Free Trade Act

Until the US Free Trade Agreement Implementation Act 2004 (Cth) (the Free Trade Act) was passed on 13 August 2004, the periods of 70 years as set out above were 50 years. The Free Trade Act also changed the rule in relation to photographs, which previously came out of copyright 50 years after 31 December of the year of first publication of the photograph (whether or not publication took place during the author’s life). However, the Free Trade Act also provided that works which were out of copyright when the Free Trade Act came into effect would not go back into copyright. This means it is quite complicated to work out whether some works are still in copyright.