Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

How long does copyright last?

Literary, dramatic or musical works

The duration of copyright protection is dependent on a number of factors, including the nature of the work, the time when it was made and whether it has been published. The duration of protection for copyright works that have been published (or otherwise made available to the public) generally lasts for 70 years after the death of the creator. There are some exceptions to this general rule.

Copyright subsists indefinitely in a literary, dramatic or musical work that has not been published, performed in public, broadcast or sold as a recording during the life of the author. If the work is posthumously made public in any of those ways, the copyright will terminate at the end of 70 years after that event.

Artistic works

In the case of artistic works, other than engravings, copyright protection also lasts for 70 years after the end of the year in which the artist dies whether or not it has been published. The term of copyright in an engraving is similar to that for a literary work, so that copyright subsists in an engraving that is unpublished at the author’s death until 70 years after publication or otherwise indefinitely.

The term of copyright protection for photographs taken before 1955, regardless of whether the author has since died or is still alive, has expired. The life plus 70 years term for artistic works applies to all photographs taken after that time.

Other subject-matter

The duration of copyright protection for sound recordings made after 1954 and films (made after 1 May 1969) is generally 70 years from the end of the year of first publication. If the film or sound recording is unpublished, the protection period is indefinite until it is published.

The duration of copyright in radio and television broadcasts is 50 years from the making of the broadcast.

Copyright in the published editions of works lasts for 25 years from the year of first publication of the edition.

Special provisions

The Copyright Act has specific provisions which clarify the duration of copyright protection for works of joint authorship (ss 80-81), anonymous and pseudonymous works (s 34), works in which the Government owns copyright (ss 180-181), foreign works and works made by international organisations (Part VIII).

Expired copyright

Copyright protection that had already expired before the date of commencement of the present Act (that is, 1 May 1969) cannot be revived. However, the provisions of earlier copyright legislation are still relevant in relation to works in copyright immediately before the commencement of the present Act.