AFP raid on internet cafe results in $82,000 fine and forfeiture of equipment
Copyright Society seminar: The Year in Review
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Works in the public domain
July 2008
For the information on this page, we assume you are familiar with the basic copyright principles in our introduction to copyright and in our Duration of copyright: information sheet
In many cases, copyright depends on when the creator died, even if the creator did not own copyright.
| 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Copyright in unpublished written works, such as unpublished letters, has not expired.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 1982. |
| 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 Copyright in unpublished musical works has not expired.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 1982. |
| photographs |
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| artistic works | Engravings (works from which prints can be made, such as
etchings, lithographs, woodcuts, prints):
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| 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:
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