Guidelines and procedures
Duration
Generally, the rules prior to 1 January 2005 were that copyright lasted until 50 years from the end of the year in which the creator died, or for some material, until 50 years from the end of the year in which the material was first published.
The term is now 20 years longer for works, other than photographs, and for films and sound recordings. The term for photographs has been made the same as that for other artistic works.
The term extension applies to all materials still in copyright at 1 January 2005 and made after then. Materials in which the copyright expired before 1 January 2005 under the law before it changed are not affected, and stay in the public domain.
There has been no change to the copyright term for broadcasts or published editions. The term for works, films and sound recordings made by or commissioned by governments has not changed.
| Category of material | Term of protection | |
|---|---|---|
| Literary works (excluding computer programs), musical and dramatic works and engravings |
If published or made public in author’s lifetime – life of the author plus 70 years | If not published or made public at the death of the author – 70 years after publication or being made public |
| Computer programs and artistic works (including photographs, but excluding engravings) | Life of the author plus 70 years | |
| Anonymously and pseudonymously published works | 70 years from publication, if author’s identity not generally known or reasonably ascertainable before then |
|
| Sound recordings | 70 years from first publication | |
| Films made after 1 May 1969 | 70 years from first publication | |
| Broadcasts (television and sound) made after 1 May 1969 | 50 years from making of the broadcast (unchanged) | |
| Published editions of works | 25 years from first publication (unchanged) | |
Source: Attorney General's Department and Australian Copyright Council.