Before 1 January 2005 copyright protection in Australia generally lasted for the life of the author plus 50 years from the year of their death, but in the case of some material, copyright lasted for 50 years from the end of the year of first publication.

Under the AUSFTA, Australia agreed to a 20 year extension to the general duration of copyright for works, sound recordings and films. In addition, the term for photographs was increased to be consistent with other artistic works. The term extension only applies to material that was still in copyright on 1 January 2005. There was no revival of copyright that had expired before this date.

Federal parliament through the Copyright Amendment (Disability Access and Other Measures) Act 2017 made changes effective in 2019 to the copyright duration for certain types of copyright material. An important change is the removal of perpetual copyright protection for unpublished works and orphan works where the identity of the author is not generally known.

From 1 January 2019, works made on or after that date where the author is known will be protected for 70 years from the death of the author. Works where the author is generally unknown will be protected for 70 years from when the material was first made public, if they were made public within 50 years of being made. If they were not made public during that 50 year period, they will be protected for 70 years from when they were made. Separate rules apply to government copyright material.

Separate rules also apply to copyright material made before 1 January 2019, including works where the author is not generally known (orphan works) and works that are not made public before that date.

Rules for the duration of copyright are complex and depend on a number of factors, including:

• the type of material
• when it was made public
• if the material was made public during the creator’s life or within 50 years of being made
• whether the identity of the author is generally known
• if a government was involved in the production or publication of the material

A summary of the copyright protection period general rules for some of the main types of copyright material made before 1 January 2019 is set out below (separate rules apply to copyright material owned by governments and international organisations).

For more detailed and specific information on how to determine whether or not material is still in copyright, please refer to the Australian Copyright Council’s Duration of Copyright information sheet, or contact Copyright Services.