Works
Copyright in literary, artistic, dramatic or musical works normally lasts for life plus 70.
For works made public before 1 January 2019, copyright lasts for life plus 70 unless the author died before the work was made public, in which case copyright lasts for publication plus 70.
For works not first made public before 1 January 2019 (i.e. works made public on or after that date or never made public), where the author is known, copyright for all types of works lasts for life plus 70, whether or not the work is made public (s 33).
Anonymous works
If a work was first made public before 1 January 2019 and the author is not known, copyright lasts for publication plus 70.
If the work was not first made public before 1 January 2019, there is a two-step process to determine the duration of copyright. If the work is not first made public before the end of 50 years after 31 December of the year in which the work was made, copyright lasts for making plus 70 (s 33). However, if the anonymous work is first made public in the initial 50-year period, the copyright term is extended to publication plus 70. (This adds up to 50 years to the copyright term, which is a clear incentive to make a work public.)
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If sound recordings and films have never been made public, their copyright term is making plus 70 (i.e. there is no perpetual copyright) (ss 93, 94).
For sound recordings and films that were first made public before 1 January 2019, the copyright term is publication plus 70.
For sound recordings and films that were first made public on or after 1 January 2019, there is a two-step process for calculating the term of copyright: if the recordings or films are not made public within 50 years of being created, the copyright term is making plus 70. If the recordings or films are first made public within 50 years of being created, the copyright term is publication plus 70.
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Copyright lasts for 70 years after 31 December of the year the broadcast was made. However, if the same material is broadcast on more than one occasion, the copyright period for the second broadcast is the same period that applied to the first broadcast (s 95).
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Copyright in published editions lasts for 25 years from 31 December of the year in which the edition was first published (s 96).
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Previous changes to the duration of copyright mean it is quite complicated to work out whether some old works are still in copyright.
In addition, there was no copyright in films made before 1 May 1969, although these films were protected as if they were dramatic works. The photographs forming part of the film were also protected (ss 221–222).
Works
Chapter: 7.6: Copyright
Contributor: Margaret Ryan, Lawyer and Trade Marks Attorney, IP by Margaret®
Current as of: 1 September 2024
Law Handbook Page: 675
Next Section: Requirements for copyright to exist
