Duration of copyright

Copyright lasts for different periods depending on a number of factors, including the type of material, when it was created, when the creator died and when it was published. Copyright periods can also vary from country to country.

In general, copyright in text, images and music lasts for 70 years after the year of the creator’s death, even if the creator does not own copyright. The period was extended from 50 to 70 years in 2005, but only for content that was still in copyright on 1 January 2005.

There are also changes that came into effect in 2019 for unpublished material.

When copyright in a work has expired, it is often referred to as being “in the public domain” or “out of copyright.”

Content type Copyright expired in Australia if:
Text

Print music

 Published before 1955 AND

  • creator died before 1955 OR
  • creator cannot be identified

OR

Unpublished and:

  • creator died 70+ years before current year (e.g. in 2020, unpublished works are ‘out of copyright’ if the creator died before 1950) OR
  • if creator cannot be identified: work was made 70+ years before current year
Image
  • photograph taken before 1955
  • other images except ‘engravings’ (e.g. etching, lithograph, woodblock, print):
    • artist died before 1955 OR
    • if artist cannot be identified:
      • published before 1955 OR
      • made 70+ years before current year
  • ‘engravings’:
    • published and:
      • artist died before 1955 AND published before 1955;OR
      • artist died after 1955 AND published 70+ years before current year OR
      • published after 2018 AND artist died 70+ years before current year
    • unpublished and:
      • creator died more 70+ years before current year OR
      • if creator cannot be identified: work was made 70+ years before current year
Government works*
  • created 50+ years before current year if image (other than ‘engraving’) OR
  • published 50+ years before current year (text, music, ‘engravings’)

* Government (Commonwealth, State, Territory) owns copyright OR work made for, or first published by, government

Note:

  • the chart above is not comprehensive (e.g. it does not cover audiovisual content)
  • one item can contain many separate works: e.g. a book can contain a number of text works, and a number of artworks, all with different creators and different periods of copyright protection
  • a translation of work is protected by copyright separately from the original: a translation may be protected by copyright even if the original work is out of copyright
  • similarly, an arrangement of a musical work can be protected by copyright separately from the original: an arrangement may be protected by copyright even if the original work is out of copyright
  • the artists’ resale royalty right lasts for 70 years after the year of the artist’s death: an artwork can be out of copyright, but eligible for resale royalties.

This information is for guidance only. It is not legal advice.

MORE Information

  • Australian Government information sheet here
  • Australian Copyright Council information sheet here

17 September 2020

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