How long does copyright last?

Copyright in “works”

Generally copyright in a work lasts fifty years from the end of the year of the author’s death. In the case of joint authorship, copyright continues fifty years after the death of the last joint author to die. Where a work is published after the death of the author, copyright protection expires fifty years after the year of first publication.

Photographs taken before May 1969 are protected until 50 years after the year the photograph was taken. If taken during or after May 1969, copyright protection continues until 50 years after the year of first publication of the photograph.

The period of copyright is shorter in the case of copyright works created at the direction or control of, or first published by the Crown. Such Crown copyright expires in most cases 50 years from the date of first publication.

Copyright in “subject matter other than works”

Copyright in films and sound recordings lasts for fifty years from their date of first publication.

Broadcasts are protected for fifty years after the year of making the broadcast.

The copyright protection for published editions lasts only 25 years after first publication.

Expiry of copyright

After copyright protection has expired, the material is referred to as being in the “public domain”. In the case of materials published overseas, schools need to be careful not to assume they are public domain materials because the period of protection under the Australian Copyright Act has expired. In some instances under overseas copyright legislation, duration of copyright protection is different to that provided under Australian law.