On the 22 of June 2017, the Australian Government passed the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Act), which introduced major changes to the Copyright Act 1968 (Cth) that aim to simplify how long materials can be protected by copyright laws. From 1 January 2019, changes to the Copyright Act 1968 (Cth) will apply to all literary, dramatic, musical and artistic works (Works), sound recordings and films that are not made public before 1 January 2019, or that are created or made public on or after 1 January 2019.
New duration of protection for copyright Works
Previously, unpublished materials were protected indefinitely. However, copyright will now subsist for the life of the author plus 70 years for all Works provided that the material is not first made public before 1 January 2019.
New duration of protection for sound, film and unknown authors
For sound or film recordings, or Works where the author is unknown, copyright will only subsist for 70 years after creation, unless those materials are made public within 50 years of creation, in which case copyright will subsist for 70 years after being made public.
New duration of protection of Government-owned copyright material
For copyright material that is owned by the Commonwealth or State Government, the copyright will subsist for 50 years after creation.
How is copyright material ‘made public’?
The concept of copyright material being made public is broader than ‘publication’. ‘Publication’ would involve supplying or offering copies of the material to the public, whereas copyright material could be ‘made public’ if it is merely available to the public. For example, copyright material will be made public if has been published or posted online or performed in public.
Takeaways
While the Act was enacted to “enhance access to copyright material for persons with a disability”,[1] it also “set new standard terms of protection for published and unpublished materials and for crown copyright in original materials.”[1] The multifaceted nature of the Act is outside the scope of this article. In relation to the new regime described above for the duration of protection – it is important to remember that a party seeking to be protected by these rules is not required to show that the Works have definitely never been made available to the public before 1 January 2019. A reasonable search for evidence that it hasn’t is all that is required.
Links and further references
Legislation
Copyright Amendment (Disability Access and Other Measures) Act 2017
Explanatory Memorandum, Copyright Amendment (Disability Access and Other Measures) Bill 2017
Further information about intellectual property
If you need assistance with an intellectual property matter, contact us for a confidential and obligation-free discussion:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Disclaimer
This article contains general commentary only. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
[1] Explanatory Memorandum, Copyright Amendment (Disability Access and Other Measures) Bill 2017.
Related insights about intellectual property
-
Selling counterfeit poles breaches IP rights
Australian sellers Vertical Leisure Ltd and Dance4Me Pty Ltd have won AU$394,800 in damages from competitor Skyrunner Pty Ltd, who sold counterfeit “X-Pole” dancing poles. The Federal Circuit Court’s decision provides guidance for calculating damages for multiple IP rights breaches.
-
Trade mark infringement
A registered trade mark is a sign used to distinguish traders’ goods/services from others. This article explains the form, purpose, infringement and penalties of trade marks, as governed by the Trade Marks Act 1995 in Australia.
-
Social media rant costs respondent over $350k!
Posting unsubstantiated allegations on social media can be risky. Learn about the consequences of a case in which a business was found to have misled and deceived customers, and how to protect yourself from similar situations. Read the full article to find out more.
-
Employee or contractor – impact on intellectual property
This article explores the legal implications of determining whether an individual is an employee or contractor. Learn how a multi-factor test can help to identify the correct status, and understand the potential impact on intellectual property.
-
Copyright in artistic works – Australian law
Discover how copyright law protects artistic works and what to consider when reproducing them. Learn about the implications of ownership, what constitutes ‘substantial’ infringement, and how to get permission or licence a copyright.
-
Commercialising intellectual property assets
Discover the various ways to unlock the commercial value of your Intellectual Property (IP). Learn about intellectual property licensing, intellectual property sale and subsequent licensing, joint ventures, mergers and acquisitions and spin out entities.
-
Licence Agreements to exploit IP
Discover the benefits of licensing your intellectual property and how to maximise its commercial value. Learn about the rights and permissions you can grant to another party, and the payments or royalties you can receive in exchange.
