Commonwealth copyright
The Commonwealth owns the copyright in a diverse range materials produced under its direction and control. Generally, the Commonwealth is the owner of copyright where material has been produced by its employees or has been commissioned or first published by the Commonwealth. There may be some material where the copyright appears to be owned by the Commonwealth, but where ownership is shared under the terms of a contract.
When do you need permission to use Commonwealth copyright materials?
What is Commonwealth copyright and who is responsible for it?
Advice on copyright notices for Commonwealth agencies
When do you need permission to use Commonwealth copyright materials?
Permission to use Commonwealth copyright must be obtained in all instances except for those allowed in the Copyright Act 1968. Substantial free usage is provided for under the Act, including reproduction for criticism or review, news reporting, research and private study.
The Commonwealth Copyright Administration (CCA) is responsible for the administration and protection of copyright in Commonwealth publications. Requests for reproduction of unpublished Commonwealth copyright material should be directed to the relevant author body.
Generally, an exclusive permission to use Commonwealth will not be issued because of the public's right to access government information. However, consideration is given to all requests for more extensive copyright licence arrangements, including subsidiary rights, if the request has substantial commercial benefits for the Commonwealth.
As a general principle, no fees are charged where the reproduced material is being provided free-of-charge to the public. Where permission is sought to use Commonwealth copyright material for advertising or commercial purposes to generate a financial return, the Commonwealth may set an appropriate payment or requires an equitable share of the revenue. Additional service fees are applicable for the commercial use of the Commonwealth added value, for example the typesetting, graphic design or electronic formatting, which provides savings in cost and time.
All permissions granted are subject to full acknowledgment of the Commonwealth of Australia copyright and the source.
Requests seeking permission to reproduce Commonwealth of Australia copyright material should be on the copyright request form or a letter containing the same information.
What is Commonwealth copyright and who is responsible for it?
Commonwealth claims copyright on all material written by its employees in the course of their employment whether published or unpublished. Responsibility for copyright administration is currently divided as follows:
a. The responsible author body administers copyright for print material that is not published.
b. CCA administers copyright for print material that is published.
c. Requests to reproduce copyrights administered by the High Court of Australia should be directed to the Registrar, High Court of Australia.
d. Parliamentary documents, other than legislation, are the responsibility of the Parliamentary Departments.
The Commonwealth of Australia asserts its copyright in all publications and all published material produced by Commonwealth author organisations.
Australia is a signatory to two international copyright conventions that concern published works - the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention.
The Berne Convention provides that a work, created by an author in a country which is party to the convention is accorded the same protection in member countries. There is no requirement for authors to complete any formalities to receive such protection.
If rights are to be pursued in member states under the Universal Copyright Convention, all copies of a work published with the authority of the copyright owner are required to include the symbol © accompanied by the name of the copyright owner and year of publication. It should be in a manner and location that enables reasonable notice of the claim of copyright. The Commonwealth of Australia conforms to this requirement.
Advice on Commonwealth Copyright notices
Two standard copyright notices have been developed for use by Commonwealth agencies. Variations to these may be appropriate. For example, an agency may wish to encourage free copying of certain materials by educational institutions.
Commonwealth copyright notice templates:
Paper-based publications
© Commonwealth of Australia [add year]
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca
Internet sites
© Commonwealth of Australia [add year of release of home page or electronic document]
This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca