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Australian copyright law


The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian Copyright Act 1968 (as amended), which applies the national law throughout Australia. Designs may be covered by the Copyright Act (as sculptures or drawings) as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.

Until 2004, copyright in Australia was based on the "plus 50" law which restricts works until 50 years after the author's death. In 2004 this was changed to a "plus 70" law in line with the USA and European Union, but this change was not made retroactive. The consequence is that the work of an author who died before 1955 is normally in the public domain in Australia.

The Australian legislation is based on the authority of section 51(xviii) of the Australian Constitution. Copyright law in Australia is federal law and established by the Australian Parliament. Historically, Australian copyright law followed British copyright law, but now also reflects international standards found in the Berne Convention for the Protection of Literary and Artistic Works, other International copyright agreements and multilateral treaties, and more recently, the U.S.-Australia Free Trade Agreement.

Australian copyright law has historically been influenced by British copyright law and International copyright agreements. In turn Australian copyright law has influenced copyright law in Britain and the Commonwealth. Australian copyright law originates in British copyright law which was established by the British parliament through the Australian Courts Act 1828. The British Statute of Anne 1709, which awarded copyright protection to books, acted as a blueprint for the extension of copyright to new types of subject matter in the 18th and 19th Century. When copyright law was introduced into Australia in 1928 British copyright law had been extended beyond literary property to include engravings and sculptures. Over the course of the 19th century it was extended to other works, including paintings, drawings and photographs.


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