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Copyright in Pictures

Copyright

Copyright is the exclusive right to:

  • Reproduce a work in material form
  • Publish a work (exhibition is not considered to be a form of publication)
  • Include a work in a television program, website, film, blog, etc.

Ownership of Copyright

In Australia, the artist or photographer initially owns the copyright in their work with the following exceptions:

  • A photograph taken by a photographer as part of their terms of their employment is owned by their employer. (Except in the case where the employer is the proprietor of a newspaper, magazine or similar periodical, in which case the photographer will retain the right to control inclusion of the photograph in a book or as part of a hard copy news clipping service).
  • For a photograph taken prior to 30 July 1998, the copyright in photograph which was commissioned by a person other than the photographer belongs to that person. For a photograph taken after 30 July 1998, the copyright in a photograph commissioned by a person other than the photographer belongs to that person only if it was taken for a 'private or domestic purpose' (such as a family portrait or a wedding photograph).

Duration of copyright

The Australian Copyright Act defines a variety of periods of copyright protection. The main category that applies to the National Library's Pictures Collection is:

  • Life of creator plus 70 years, for

    • Artistic works
    • Photographs taken after 1955

Photographs taken before 1955 are all out of copyright.

For engravings and works in which the Crown owns copyright please see the Australian Copyright Council information sheet: 'Duration' G023 : http://www.copyright.org.au/publications/infosheets.htm

Further Information

For more information about owners of copyright of works held in the Pictures collection, please communicate directly with the Pictures Branch by email : pictures@nla.gov.au

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