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Copyright

To comply with the Australian Copyright Act 1968 we ask you to provide a copyright declaration where appropriate. The information below is a guide only and does not constitute expert or legal advice. If in doubt, assume the work is in copyright and seek legal advice before reproducing it.

• What is copyright?
• What are your responsibilities in relation to copyright?
• What does copyright protect?
• How much can you copy?
• How long does copyright last?
• Who owns the copyright?
• How do you find the copyright owners?
• What is the Copyright Fee Paid Service?
• Where can you find more information on copyright?
• Disclaimer

Q. What is copyright?

Copyright is a "bundle" of rights that are conferred exclusively by government to the copyright owner relating to the reproduction, distribution, performance of original literary, musical, dramatic or artistic works, films, sound recordings and broadcasts. The copyright owner also has the right to assign or license these rights. The copyright Act also defines a number of exemptions that allow you to copy a proportion of the material under certain circumstances.

In Australia copyright protection is automatic and covers both published and unpublished works. Australia is a signatory to international treaties respecting overseas copyright provisions.

Q. What are your responsibilities in relation to copyright?

Whether you are copying the material in the reading rooms or requesting a copy be made for you, it is your responsibility to determine whether the material is in copyright or find the copyright owner to obtain their permission.

Q. What does copyright protect?

The Australian Copyright Act 1968 protects:

• literary works (ie written material, such as poems, maps, newspapers, song lyrics, journal articles, novels, reports etc);
• Dramatic works such as plays.
• Artistic Works ie. paintings, drawings, photographs or maps
• subject matter other than works such as all published editions, sound records, films, television and radio broardcasts
• both published and unpublished materials.

Q. How much can you copy?

Under the "Fair Dealing" provisions of the Copyright Act, if you use copyright material for the purpose of research or study, you will not infringe copyright. Whether the use you intend is fair or not depends on all of the circumstances.

The Act deems a fair amount to copy as:

• journals - 1 article per issue, or 2 or more articles per issue if those articles relate to the same subject matter.
• other published works - the greater of either 10% of the number of pages (or if published in an electronic format, 10% of the number of words) or one chapter from a book of 10 or more pages.

Q. How long does copyright last?

How long copyright protection lasts depends on a number of factors, such as the nature of the work, when it was made and whether it has been published. Amendments have been made to the Copyright Act following the Australia-U.S. Free Trade Agreement. From 1 January 2005, the period of protection for most material still in copyright when the amendments came into effect has been extended. However, the extended period of protection does not apply to material in which copyright had expired prior to 1 January 2005.

Literary, Dramatic or Musical Works:

• If published, copyright expires 70 years after the end of the year of the creator's death.
• If unpublished before the death of the author, copyright expires 70 years from the date of first publication.

Artistic Works:

• For all artistic works, other than photographs, copyright expires 70 years after the end of the year of the creators death.

Subject matter other than works:

• If made after 1 May 1969, the duration of protection is generally 70 years from the end of year of first publication.
• For published editions of works the duration is only 25 years from the end of the year of that publication.

Q. Who owns the copyright?

Usually the creator (ie. the author) is the person who first owns copyright in the work. They can assign their copyright, for example to a publisher or distributor. In some cases the employer is the owner of any copyright work created by employees in the course of their employment. Exceptions such as these may be excluded or varied by agreement.

It is important to remember that there may be a distinction between the 'author' (who has created the work) and the 'copyright owner' (who has acquired ownership from the author).

Q. How to find the copyright owners?

To locate the copyright owners, look for copyright notices on the item or find the name of the author/creator, publisher or distributor and contact them to help locate the copyright owner(s).

Alternatively you could contact the Copyright Agency Limited (CAL). CAL is an Australian copyright management company whose role is to provide a bridge between creators and users of copyright material.

For further search strategies on locating and contacting a copyright owner, refer to the Australian Copyright Council's Information Sheet on Owners of copyright: How to Find. Or for owners of music copyright try the Australian Performing Right Association Ltd.

Be sure to record in writing steps taken to locate the copyright owner.

Under the Copyright Act 1968, if the copyright owner is unknown, cannot be traced or will not respond then a work cannot be used for publication.

Q. What is the Copyright Fee Paid Service?

The National Library of Australia Document Supply Service has signed a licence with Copyright Agency Limited (CAL). This licence enables the Document Supply Service to supply copies which cannot be supplied under the fair dealing and library provisions of the Copyright Act. This licence came into effect on 1 July 1997.

If your request cannot be supplied under the fair dealing and library provisions of the Copyright Act you may wish to use this service. Please enquire with Document Supply Service before requesting this service.

The copyright fee will be $5.50 per request. These charges are in addition to the Library's usual interlibrary loan charges.

Q. Where can you find more information about copyright?

A. You may find information about copyright in Australia and overseas on the following web sites:

• Australian Copyright Council
  
• Australian Copyright Act 1968
  
• Copyright Agency Limited
  
• Australasian Mechanical Copyright Owners Society Ltd (AMCOS)
  
• Australian Performing Rights Association (APRA)
  
• Audio Visual Copyright Society (AVCS)
  
• Phonographic Performance Company of Australia Ltd (PPCA)
  
• Visual Arts Copyright Collecting Agency (VISCOPY)
  

Disclaimer: The Copyright Act 1968 contains a series of provisions relating to permissible copying of copyrighted works. The National Library has not and does not make any warranty, statement or representation about the completeness of this document for compliance with the Copyright Act.