Once copyright has expired, it cannot be revived by subsequent publication or in any similar way. Copyright can only be renewed or extended if the parliament amends the Act (as it was obliged to do as part of its obligations under the AUSFTA).

A publisher who publishes an edition of a “public domain” work (such as the poems of Keats) may own copyright in the typographical arrangement of that particular edition (and thus be able to prevent another publisher making an exact copy of that edition). However, the copyright in the work itself (in this case, the poems) is not revived by republishing; anyone can still reproduce all or parts of it.

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On the face of it, it’s almost inevitable that adapting a US textbook to make it appropriate for Australia will reproduce a “substantial part” of the US book. If so, you’ll need permission.

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This will depend on the circumstances.

Under the Copyright Act, monies generated by statutory licences are to be paid to the relevant copyright owner.

In many cases, however, publishers have agreements with their authors to share these payments. This can be the case whether the author retains copyright or whether the author assigns his or her copyright to the magazine. If there is an agreement in place, money generated by statutory licences is split in accordance with the terms of the agreement.

If you are not certain what your obligations are under an agreement, get legal advice.

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If the articles were written by freelance writers, they are entitled to the copyright fees unless there is something in writing that entitles you, the publisher, to the fees. More info www.copyright.com.au

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If you use a "substantial part" of someone else's work, you are likely to need permission, irrespective of anything you add or change.

Note also that there are legal obligations not to make changes to a work that reflect badly on the creator or that are offensive to the creator.

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Most letters are protected by copyright. The first owner of copyright in a private letter is usually the writer of the letter. The first owner of copyright in a business letter is usually the writer's employer.

You are likely to need permission to publish letters, even if they are written by, or for, a public figure.

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