Copyright Act 1968

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 (unlike the 1995 change in the European Union which bought some e.g. British authors back into copyright). The consequence is that the work of an author who died before 1955 is normally in the public domain in Australia. However the copyright of authors was extended to 70 years after death for those who died in 1955 or later, so that no more Australian authors will come out of copyright until 1 January 2026 (i.e. those who died in 1955).

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.

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