In Australia, copyright in published works generally lasts for the life of the author plus 70 years. For unpublished works copyright duration is set by whether the work was made public in the creator's lifetime (see the table in the PDF below for more information).
Generally, copyright lasts for 70 years from the year the material was created. However, if the work was made public before 1 January 2019 or within 50 years of creation, the period of protection is 70 years from the date the material was made public.
There are reciprocal arrangements between countries which mean that copyright in foreign works is also recognised in Australia (and vice versa).
Generally, in Australia, copyright lasts for the life of the creator plus 70 years. However, there are different duration periods depending on the subject matter, when it was created, when it was made public, and whether the creator is known.
The fair dealing provisions allow limited use of copyright material without requiring permission from the copyright owner. Fair dealing only applies to certain purposes: Research or study. Criticism or review.
The Copyright Act expressly states that certain acts constitute fair dealings, such as copying up to 10% or one chapter of a book, or copying one article, for research or study. However in other cases, you will need to consider the elements of fair dealing as set out in the Copyright Act.
There is no registration system for copyright under Australian law. Certain forms of expression, such as text, images and music, are automatically covered by copyright under the Copyright Act. To achieve its objectives, the copyright system treats different uses of content in different ways.
A court cannot award both damages and an account of profits; a copyright owner must ask for one or the other. For corporations the financial penalty can be up to $585,000. Individuals may face financial penalties of up to $117,000 and 5 years of imprisonment.
Civil proceedings
9.5 Each Australian jurisdiction has a limitation statute setting out the rules governing the period of time in which a plaintiff must commence a civil proceeding. The prescribed limitation periods ranges from 3 to 6 years for tortious claims.
As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.
There is no such thing as an “international copyright” that will automatically protect a work throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country.
There is currently no such thing as a 'world-wide patent'. Intellectual property rights are registered separately in each country. Patents are only enforceable within the territory they were granted. For example, a US patent will only provide protection for your invention within the USA.
IP Australia can't accept trade mark applications for everyday words, phrases or images that directly describe a good or service. These should remain available for all businesses to use. There are also certain words, phrases and images that can't be trade marked, or can only be registered under special circumstances.
Well, the studio had no choice. That's because the 1926 storybook, titled Winnie-the-Pooh, which introduced the titular character, passed into the public domain at the start of 2022, voiding its copyright, and thus Disney's media exclusivity over the character.
Is there a right to sell copyright material? Australian copyright law does not grant copyright owners the exclusive right to control the sale or resale of their copyright material. However, copyright owners and distributors can control the sale of this material through commercial distribution agreements.
Copyright is a form of property so it can be dealt with in similar ways to other forms of property. It can also be an asset and dealt with in accordance with financial regulations. Copyright can be sold (assigned), transferred or licensed.
By ratifying a treaty, a country voluntarily accepts legal obligations under international law. Australia is a party to the seven core international human rights treaties: the International Covenant on Civil and Political Rights (ICCPR) the International Covenant on Economic, Social and Cultural Rights (ICESCR)
Laws made by parliament are called Acts, statutes or legislation. To create new laws a Bill (a draft Act) is debated in parliament. If it is passed by a majority in both houses of parliament it is sent to the governor for formal approval. After approval it becomes an Act.
The statute of limitations is the time limit for filing charges against the defendant. The general federal statute of limitations for felonies stand for the proposition that the government can no longer file criminal charges for an offense once 5 years has passed.
For example, reproduction of the chorus of a song or the most recognised part of a song (e.g. the first few bars) may be substantial enough to be an infringement even though there are multiple verses or movements.
4.8 Fair use is a statutory provision that provides that a use of copyright material does not infringe copyright if it is 'fair', and that when considering whether the use is fair, certain principles or 'fairness factors' must be considered.
On books, the copyright statement often appears on the back of the title page. If you cannot find the name of the copyright owner that way, check the record in the Library's catalogue. Here is an example of a catalogue record, with the potential copyright owners highlighted.
Australia has a well-developed legal system that protects the intellectual property of businesses and individuals. Businesses can register a trade mark as a marketing tool. A registered trade mark provides legal protection that prevents others from using your brand. Trade marks are issued and protected nationally.
A trademark, a patent, and a copyright are all distinct concepts. They all, however, refer to an individual's or business's exclusive right to own and market a created idea or product. Copyright is used to protect someone's literary and artistic abilities, whereas patents are used to protect inventions.