US Introduces New Copyright Exemptions
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Works in the public domain in Australia
April 2009
This information is for general guidance only; it is not legal advice.
First read:
- copyright basics webpage
- How long copyright lasts webpage
- Duration of copyright information sheet
In many cases, copyright depends on when the creator died, even if the creator did not own copyright.
Note that periods of copyright protection vary from country to country, and a work that is in the public domain in Australia may still be protected by copyright in other countries.
| type of work | works in the public domain (copyright has expired) | |
|---|---|---|
| written works | Copyright in a published written work has expired if it:
Copyright in unpublished written works, such as unpublished letters, has not expired. Translations: If the work has been translated, the translation is separately protected by copyright. Copyright in the translation will have expired if the translation was published before 1955 AND (unless the translation was first published anonymously or under a pseudonym and the translator can’t be identified) if the translator died before 1955. Photocopying: there can be a separate copyright in an edition of a written work, which can be infringed by photocopying and similar "facsimile' copying. Copyright will have expired if the edition you are using was first published before 1983. | |
| musical works | Copyright in a published musical work has expired if it:
A work is ‘published’ in this context if copies have been distributed, it has been publicy performed or broadcast, or records if it have been sold or offered for sale. Copyright in unpublished musical works has not expired. Music with lyrics: If the musical work has lyrics, they are separately protected by copyright. Copyright in the lyrics will have expired if the lyrics were published before 1955 AND (unless the lyrics were first published anonymously or under a pseudonym and the lyricist can’t be identified) the lyricist died before 1955. Arrangements: If the music has been arranged, the arrangement is usually separately protected by copyright. Copyright in the arrangement will have expired if the arrangement was published before 1955 AND (unless the arrangement were first published anonymously or under a pseudonym and the arranger can’t be identified) the arranger died before 1955. Recordings of music: A recorded performance of a musical work is separately protected by copyright. If the recording was made before 1955, the copyright has expired. Copying printed music: there can be a separate copyright in an edition of notated music, which can be infringed by photocopying and similar "facsimile' copying. Copyright will have expired if the edition you are using was first published before 1983. | |
| photographs |
| |
| artistic works | Engravings (works from which prints can be made, such as
etchings, lithographs, woodcuts, prints):
| |
| newspapers, magazines and journals | Newspapers,
magazines and journals usually contain works by many different authors (creators).
These works include news reports, opinions, letters to the editor, cartoons and photographs. The period of copyright protection is, in most cases, measured from the death of the author, even if the author did not own copyright. Each work may therefore have a different period of copyright protection. If the work was first published anonymously and the identity of the author cannot be ascertained on reasonable inquiry, then the period of copyright protection is measured from the year of publication (rather than the year of the author's death). Copyright in a newspaper has expired if:
| QA0034 |
| sound recordings | Most sound recordings are of performances of copyright works, such as a musical work, a play, a speech or a novel. You therefore need to consider the copyright in the "underlying works" as well as that in the recording. Copyright in the recording has expired if the recording was made before 1955. If the recording is of a musical performance, see "musical works" above. If the recording is of a a play, a speech or a book, see "written works" above. | |
| film |
Films made in or after 1955 are still protected by copyright, but working out whether copyright has expired in films made before that year is difficult because of changes to the law in 1969. For copyright purposes, the components of an old film (including raw footage, home movies, documentaries, cartoons and newsreels) might include:
In this context, a "dramatic work" exists where the "arrangement, the acting form or the combination of incidents represented gives the work an original character". This "dramatic work" is distinct from any dramatic work comprised in the script or screenplay, but is more likely to exist in films with a screenplay – including silent movies and edited newsreels – than for unedited footage that doesn't outline a plot or story. Components of an old film will be in the public domain as follows:
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