25
Copying and Publishing Public Records –
Copyright for Researchers
What is copyright?
Copyright is a type of property founded on a person’s
creative skill and labour. It is independent of the custody or ownership
of the physical item.
Copyright protects the original expression of the
author’s ideas or information. It consists of a number of exclusive
economic rights to engage in certain acts regarding an original work.
These rights include the right to copy, publish, communicate (eg. broadcast, make
available online) or publicly perform the copyright material.
The copyright law in Australia is set out in the
Commonwealth Copyright Act 1968, and in court decisions. It protects
original literary, dramatic, musical or artistic works, sound recordings, radio
and television broadcasts.
Who owns copyright in public records?
The Victorian government owns copyright in most of the
records held by the Public Record Office Victoria (PROV), as they are official
records produced by Victorian government agencies.
The vast majority of government records in PROV’s
collection can be considered as ‘literary works’, and as such are
covered by copyright. Most government records are considered unpublished
and as such copyright will exist in most government records.
The State of Victoria is not the copyright owner for records
in the collection that were not made by the government, for example, letters
written by private individuals to the government. Although such records
are the property of the State of Victoria, PROV cannot give permission to
reproduce them, as the State is not the copyright owner.
How long does copyright last?
The length of time a work is protected by copyright varies
depending on the type of material. Most unpublished material remains in
copyright unless published. As a result of the Australia-US Free Trade
Agreement (AUSFTA), the period of protection for most material (except
government material) was extended on 1 January 2005. There is no revival of
copyrights that had already expired by that date.
Refer to the tables on Pages 2 & 3 of this guide for the
duration of copyright in different types of works.
When can I reproduce a work?
You can reproduce a work if:
·
it is no longer in copyright, or
·
you are permitted under the ‘fair dealing’ provisions
of the Copyright Act, or
·
you have the permission of the copyright owner.
What is fair dealing?
The fair dealing provisions of the Copyright Act permit some
copying without the express permission of the copyright owner.
Fair dealing allows you to reproduce a reasonable portion of
a work for research or study.
A fair dealing for these purposes is defined in the Act as:
·
a single copy of a journal article, or
·
one chapter or 10% of a book of ten or more pages, or
·
10% of the number of words of a work in electronic form.
What are my responsibilities?
When using records at PROV, it is your responsibility to:
·
determine if the material you want to use is still in copyright
·
identify who owns the copyright, and
·
contact the copyright owner to obtain permission to use the
copyright material
How does PROV help?
PROV provides assistance by:
·
ensuring that in providing you with copies of material we are not
breaching the Copyright Act
·
helping you to establish if copyright is held by the State of Victoria,
and
·
helping you to understand the requirements of the Copyright Act
PROV staff do not provide advice on copyright problems or
trace copyright owners.
How do I get permission to publish?
Speak to PROV staff for advice in the first instance if you
need permission to publish any records in our collection.
·
The Victorian government owns copyright in the majority of
records in the collection. Be aware however, that files may contain material
which is in private copyright.
·
PROV cannot grant permission to reproduce or publish records in
privately owned copyright, nor can it undertake to find copyright owners on
your behalf.
·
For permission to publish government material, use the Application for Permission
to Publish forms.
·
Permissions to publish commercially are administered by the
Secretary of the agency responsible for creating or transferring the record to
PROV.
·
Permissions to publish in not-for-profit publications are
administered by PROV.
·
Permission must be sought from the copyright owner prior to
publication, regardless of the type of publication.
Duration of copyright by type of work
Crown copyright – Material made, or first published, by a
Commonwealth, State or Territory
|
Type of work
|
Publication status
|
Copyright has expired if
|
Protection period if work
still in copyright on 1 January 2005
|
|
Literary, dramatic or musical works
|
Published
|
First published before 1 January 1955
|
50 years from end of year of first publication
|
|
Unpublished
|
N/A
|
Indefinite
|
|
Artistic works
Including maps & plans
|
N/A
|
Made before 1 January 1955
|
50 years from end of year of creation
|
|
Photographs, maps & plans created before
1 May 1969
|
Published
|
Made before 1 January 1955
|
50 years from end of year in which photograph was taken
|
|
Unpublished
|
N/A
|
Indefinite
|
|
Photographs, maps & plans created after
1 May 1969
|
Published
|
(Will still be in copyright on 1 January 2005)
|
50 years from end of year of first publication
|
|
Unpublished
|
N/A
|
Indefinite
|
Private copyright
|
Type of work
|
Publication status
|
Copyright has expired if
|
Protection period if work
still in copyright on 1 January 2005
|
|
Literary, dramatic or musical works
|
Published
|
In author’s lifetime
|
Author died before 1 January 1955
|
70 years from end of year of author’s death
|
|
Posthumous
|
First published before 1 January 1955
|
70 years from end of year of first publication
|
|
Unpublished
|
N/A
|
Indefinite
|
|
Artistic works
Including maps & plans
|
N/A
|
Creator died before 1 January 1955
|
70 years from end of year of creator’s death
|
|
Photographs
|
Published
|
Made before 1 January 1955
|
70 years from end of year of creator’s death
|
|
Unpublished
|
N/A
|
Indefinite
|
|
Anonymous or pseudonymous works
|
Published
|
First published or made before 1 January 1955
|
70 years from end of year of first publication
|
|
Computer programs
|
N/A
|
Creator died before 1 January 1955
|
70 years from end of year of creator’s death
|
Further reading
The following organisations are recommended sources of more
detailed information on copyright.
The Australian Copyright Council
The Australian Copyright Council publishes a large range of
information sheets and books on copyright. Other services include
seminars, research, consultancy and free legal advice in some circumstances.
245 Chalmers Street
Redfern NSW 2016
Tel: (02) 9318
1788
Web: www.copyright.org.au
The Arts Law Centre of Australia
The Arts Law Centre is a national community legal centre
that provides advice and information on a range of legal issues to
professionals and arts organisations. Free advice by telephone is
available toll free.
Tel: 1800 221 457
The Commonwealth Attorney-General’s Department
The Commonwealth Attorney-General’s Department
publishes a booklet called Copyright Law in Australia: A Short Guide,
which may be accessed via the publications section of the website.
Tel: (02) 6250
6875
Web: www.law.gov.au
Copyright collecting societies
Copyright collecting societies are not-for-profit
organisations that license or administer certain uses of copyright material on
behalf of copyright owners.
Contact details for three of the major collecting societies
are listed below.
Copyright Agency Limited (CAL)
The Copyright Agency Limited (CAL) administers copying
licences on behalf of most of Australia’s authors and publishers and
journalist members of the Media Entertainment and Arts Alliance.
CAL also administers statutory licences for educational
institutions and government.
Level 19, 157 Liverpool Street
Sydney NSW 2000
Tel: (02) 9394 7600
Web: www.copyright.com.au
Screenrights (the Audio-Visual Copyright Society Limited)
Screenrights may be able to help with identifying and
finding copyright owners of audiovisual material.
Level 3, 156 Military Road
Neutral Bay NSW 2089
Tel: (02) 9904
0133
Web: www.screen.org
VISCOPY
VISCOPY licenses the works of visual artists, including
craft workers, photographers and designers.
Level 1, 72-80 Cooper Street
Surry Hills NSW 2010
Tel: (02) 9280
2844
Web: www.viscopy.com
For details of other copyright collecting societies, please
contact the Australian Copyright Council.
Disclaimer
This information sheet is intended as a general guide to
researchers on copyright and archives.
It is not a substitute for legal advice and should not be
relied on as such. If you need to know how the law applies in a particular
situation, please seek advice from a lawyer.