Unlike other IP rights, copyright protection lasts for an exceptionally long period. Once a work comes into existence, copyright protection begins automatically. For most types of works, copyright lasts throughout the lifetime of the creator plus an additional 70 years.
Type of copyright work
Length of copyright protection
Literary, dramatic, musical or artistic works where the author is known
Life of the author plus 70 years
Literary, dramatic, musical or artistic works where the author is unknown (anonymous or pseudonymous works)
70 years after the work is first published
Literary, dramatic, musical or artistic works where there is more than one author (“joint authors”)
Life of the author who dies last plus 70 years
Sound recordings and cinematograph films
70 years after the recording or film is first published (i.e. made publicly available)
TV and radio broadcasts
50 years after the broadcast is first made
Example Marcus's painting
Marcus, a budding Australian artist, paints a beautiful scenery watercolour in 1991. He dies in 2017, at the age of 47. In this example, Marcus enjoyed copyright protection from 1991 (when the painting was made) to 2017 (when he died) and the painting will continue to be copyright protected for another 70 years from the time of his death i.e. until the year 2087!
Anyone who wishes to reproduce the painting between 2017 and 2087 will need permission from Marcus’s heirs. But after 2087, the painting will fall into the public domain and will be free for anyone to use.
Using public domain and licensed materials for commercial innovation
This video explores how using copyrighted works and works in the public domain affect the creativity and productivity of a number of artists. As you listen to the interviews, consider the following questions:
What sort of public domain stories does Rebecca VanDal use, and why?
How has Laurence Anholt been held back in his work on picture books?
How does copyright affect the release of Rebecca’s books onto the market?
What are the benefits for Laurence of using out-of-copyright works?
Please note: this video was not developed by, and is not the property of the ATN and is hosted on an external website.
