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ausip:copyrightduration [2019/03/10 12:14]
jessiej_87
ausip:copyrightduration [2019/09/11 15:11]
nic
Line 1: Line 1:
  
 # Duration of Copyright # Duration of Copyright
 +
 +Unlike other IP rights, copyright protection lasts for an exceptionally long period. Once a work comes into existence, copyright protection begins automatically. For most types of works, copyright lasts throughout the lifetime of the creator **plus** an additional 70 years.
 +
 +^ Type of copyright work ^ Length of copyright protection ^
 +| Literary, dramatic, musical or artistic works where the author is known | Life of the author plus 70 years |
 +| Literary, dramatic, musical or artistic works where the author is unknown (anonymous or pseudonymous works) | 70 years after the work is first published |
 +| Literary, dramatic, musical or artistic works where there is more than one author (“joint authors”) | Life of the author who dies last plus 70 years |
 +| Sound recordings and cinematograph films | 70 years after the recording or film is first published (i.e. made publicly available) |
 +| TV and radio broadcasts | 50 years after the broadcast is first made |
 +
 +
 +## Extension of the copyright term
  
 The topic of duration of copyright is contentious in Australia. Prior to 2005 the duration of protection for literary, dramatic, musical and artistic works was life of the author plus 50 years. In 2005 this term was extended by 20 years due to the //​Australia-United States Free Trade Agreement//,​ (//​AUSFTA//​) which required Australia to align its copyright law with that of the United States of America. The extension provisions are retrospective,​ which means that the extended duration applies to all works, not just works that were created after the extension came into force. Similarly, the duration of protection for photographs was previously 50 years, but also extended in line will all other artistic works due to the //AUSFTA//. There were special provisions made to ensure that any persons who exploited photographs prior to 16 August 2004 (the date to which the //US Free Trade Agreement Implementation Act 2004// (Cth) came into existence) under the assumption that the works had entered the public domain were not found in breach of copyright. Since the duration terms where extended, there has been ongoing debate in Australia regarding what the appropriate duration for copyright protection might be.  The topic of duration of copyright is contentious in Australia. Prior to 2005 the duration of protection for literary, dramatic, musical and artistic works was life of the author plus 50 years. In 2005 this term was extended by 20 years due to the //​Australia-United States Free Trade Agreement//,​ (//​AUSFTA//​) which required Australia to align its copyright law with that of the United States of America. The extension provisions are retrospective,​ which means that the extended duration applies to all works, not just works that were created after the extension came into force. Similarly, the duration of protection for photographs was previously 50 years, but also extended in line will all other artistic works due to the //AUSFTA//. There were special provisions made to ensure that any persons who exploited photographs prior to 16 August 2004 (the date to which the //US Free Trade Agreement Implementation Act 2004// (Cth) came into existence) under the assumption that the works had entered the public domain were not found in breach of copyright. Since the duration terms where extended, there has been ongoing debate in Australia regarding what the appropriate duration for copyright protection might be. 
  • ausip/copyrightduration.txt
  • Last modified: 5 weeks ago
  • by nic