Historians
In this section you will find user-friendly information sheets and FAQs relevant for Historians.
Related Info Sheets
Related FAQs
Who owns copyright in an oral history?
If an oral history consists of the words of a person whose story telling has been recorded (for example, onto cassette tape), the storyteller is the owner of copyright in the oral history. If another person prepares a version of the story that includes their own words as well as those of the storyteller, the two people may be joint authors. If you are recording oral histories, it is generally a good idea to have a written agreement with the person whose story telling is recorded, which sets out how the recorded story may be used and who owns copyright.
I used to have long discussions with someone who is now in her late eighties. At the time, I was writing up these discussions because I thought I might like to publish a novel. Will I need her permission to go ahead and publish? I haven’t used any of her actual words.
Ideas and information are not protected by copyright, but in this situation there is a very real possibility that you will co-own copyright with the person (or with their estate, if they have died).
This is because, even though you have not used the person’s actual words, you may have structured your novel around those stories, and the other person may therefore have a strong claim as a co-author of your work and therefore a co-owner of copyright.
Every situation depends on its own facts, but in this case, you may have been best off discussing with the person the fact that you were writing a novel based on your discussions and documenting how copyright issues would be dealt with.
Can I publish old family diaries and letters, or extracts from them?
Material such as old family diaries and letters may still be protected by copyright, even though it may be very old. Copyright in unpublished material can last indefinitely.
You might therefore only be able to publish this type of material with permission or in situations covered by a special exception to infringement.
I am writing a family history book to distribute amongst relatives. Do I need to get permission to use quotes in the book?
You will need to get permission if a quote is a “substantial part” of something which is protected by copyright. It may be, however, that some quotes and extracts are not protected by copyright or do not constitute a “substantial part”.
Note that, even if a part is not a “substantial part” for copyright purposes, you may still need to attribute it to the person who wrote it.
While researching for my family history, I found a Copyright Certificate from 1917. What does this mean?
Prior to the operation of the Copyright Act 1968 (Cth), people could voluntarily register their copyright with the Australian Intellectual Property Office. The current Act does not provide for a copyright registration system.
For further details, contact the National Archives of Australia. http://www.naa.gov.au/
Can I use family photographs to illustrate my history
Photographs taken prior to 1 January 1955, are now in the public domain. As a result, you can reproduce them without permission. However, you may need permission to gain access to the photographs if they are owned by someone else.
If a photograph was taken on or after 1 January 1955, it is still protected by copyright and you will generally need to get permission from the copyright owner before publishing your history.