Out of Copyright
Copyright does not last forever, and once a work is out of copyright you can use it in any way you like without the need to seek permission from the copyright owner, or rely on exceptions or licences. However, you should be cautious about relying on the out-of-copyright status of a work. For example, even if an original work is out of copyright, there may be new copyrights in a translation, adaption or arrangement of the work.
The introduction of the Australia-US Free Trade Agreement (AUSFTA) on 1 January 2005 saw the duration of copyright extended to match that of the United States. This extended copyright protection applies only to material that was still copyright protected on 1 January 2005. Where copyright had expired, the AUSFTA did not revive it.
Since 1 January 2005, the general period of copyright protection is the life of the author or creator plus 70 years after the end of the calendar year in which they died.
Note: If a work was not published, broadcast, performed, or recorded for sale to the public until after the creator’s death, copyright will last for 70 years from the end of the calendar year that this occurs.
Here are some examples of material that is now out of copyright and no longer protected by copyright:
- Books, plays and journal articles written by an author who died before 1 January 1955
- Print music by a composer who died before 1 January 1955
- Artistic works by a creator who died before 1 January 1955
- Photos taken before 1 January 1955
- Films made before 1 January 1955
- Sound Recordings made before 1 January 1955
- Material published anonymously or under pseudonym before 1 January 1955
- Published editions first published before 1 January 1972
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Radio or Television broadcasts made before 1 May 1969
To find out more about the duration of copyright and whether copyright may have expired in something you want to use, see the Australian Copyright Council's resources, particularly the 'Find and Answer' section.
Note: If a work is out of copyright, it is considered to be in the 'public domain' and can be freely used without the need to obtain permission or pay a fee. However, it is important to note that material that is available on the internet is not in the public domain in this sense. Copyright applies to material on the internet just as it does to print and audio-visual materials. You should also check the terms of use that are listed on the site. More information about using material on the internet is available, for teaching purposes or for research and study purposes.