The Copyright Act 1968 (CTH) (Copyright Act) protects a wide range of materials, including literary, dramatic, artistic and musical works and audiovisual content such as films and sound recordings. Unlike most other forms of intellectual property, copyright protection is automatic, and in Australia, you do not need to seek registration. However, working out how long copyright protection will last is not always straightforward.
The length of protection will vary depending on various factors, such as the type of material, when it was created and first published, and who the author is. This article will explore how long copyright protection lasts in Australia for some common materials.
Literary, dramatic, artistic and musical works
The general rule for literary, dramatic, artistic and musical works is that copyright protection will last for the author’s life plus 70 years. In other words, copyright protection will expire 70 years after the end of the year in which the author dies. Even if the author does not own the copyright (for example, if they have assigned their rights to someone else), this period of protection is tied to the lifetime of the author rather than the copyright owner.
This general rule used to be that protection would last for the author’s life plus 50 years. Changes made to the Copyright Act in 2005 after Australia ratified the Australia-US Free Trade Agreement increased the period of protection to the author’s life plus 70 years. However, this increased protection period did not apply retrospectively to works for which copyright had already expired before 2005.
CASE STUDY: Andrea wrote a book published in 1945 and died in 1970. Copyright protection for the book would last until the end of 2040 (i.e., 70 years from the end of the year in which Andrea died).
Ben is the author of a painting published in 1950 and died in 1952. Copyright protection in the painting would last until the end of 2002 (i.e., 50 years from the end of the year in which Ben died). Because copyright protection had already expired by 2005, the 2005 changes to the Copyright Act would not extend it.
Unpublished works and unknown authors
There are several exceptions to the general rule for literary, dramatic, artistic and musical works, including where the works are unpublished, or the author is unknown (also referred to as ‘orphan works’). For works which were published after 1 January 2019:
- If the author of the work is known and the work has not been published, then the general rule will apply, and copyright protection will last for the life of the author plus 70 years;
- If the author of the work is unknown and the work is first published within 50 years of being made, then copyright protection will last for 70 years from the date of first publication and
- If the author of the work is unknown and the work has not been published within 50 years of its creation, copyright protection will last for 70 years from the date it was created.
Different rules apply for works first published before 1 January 2019.
Films and sound recordings
Audiovisual content such as films and sound recordings are subject to slightly different rules, which were changed in 2019. For most films and sound recordings first published after 1 January 2019, the copyright will last 70 years from the date they were first published. Different rules apply for audiovisual content first published before 1 January 2019.
CASE STUDY: Charlie made a film in 2019, which was first screened at an event in April 2020. The film’s copyright protection will last until the end of 2090.
Government copyright
Copyright, owned by Commonwealth or State governments, lasts 50 years from the date the material was made.
Is the duration of copyright the same overseas?
Copyright laws and the length of copyright protection they provide vary from country to country. Most countries, including Australia, are signatories to an international treaty on copyright protection called the Berne Convention for the Protection of Literary and Artistic Works (also known as the Berne Convention).
The Berne Convention provides that copyright materials from one member country are automatically protected in all member countries. However, the length of protection will depend on local copyright laws and the ‘country of origin’ (this is not always straightforward to work out, particularly for materials first published online).
What happens when copyright expires?
Once your copyright protection expires, your materials will be in the public domain. This means that anyone else can use your materials without your permission and without paying royalties. This can have serious consequences, especially if your business relies heavily on monetising copyright works or audiovisual content.
Key takeaways
Copyright protection can be an important and valuable asset for businesses and individuals, so knowing how long your copyright protection will last before your materials enter the ‘public domain’ and other people can begin using them is important. Under the Copyright Act, the period of protection will vary depending on a variety of factors, such as the type of material, when it was created and first published, and who the author is. Additional factors should also be considered when dealing with overseas copyright laws and protection.
If you are unsure about the duration of copyright protection in your or someone else’s materials, it is best to seek legal advice. Actuate IP has a team of intellectual property experts who can assist with Copyright and moral Rights. If you require assistance, you can contact our team on 1300 851 138 or info@actuateip.com.au, and our friendly staff will make sure you are directed to the best person to assist you with your matter.
FAQs
When does copyright protection expire in Australia?
Under the Copyright Act, the period of protection will vary depending on a variety of factors, such as the type of material, when it was created and first published, and who the author is. The general rule for literary, dramatic, artistic and musical works is that copyright protection will last for the author’s life plus 70 years. However, there are many exceptions and variations to this general rule.
How long does international copyright protection last?
Copyright laws and the length of copyright protection they provide vary from country to country. The length of protection will depend on local copyright laws and the ‘country of origin’ (this is not always straightforward to work out, particularly for materials that are first published online).