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Copyright

Images in these databases are provided for research purposes only and may not be reproduced or published. For reproduction, copies of the images must be ordered from the Australian War Memorial.

Images may not be reproduced or published without prior consent of the Australian War Memorial. In addition to processing costs, a reproduction fee must be paid before publication is authorised. In cases where copyright is not the property of the Crown or the Australian War Memorial, the requester should obtain in writing the consent of the copyright holder to reproduce the material and provide the Australian War Memorial with a copy of all necessary clearances prior to publication, transmission or distribution.

The Australian War Memorial will assist you in determining the copyright status as well as finding the name and contact details of a copyright holder if the information is available in-house. For more information, please contact the Australian War Memorial's Research Centre. If a private copyright owner cannot be identified or located, the requester indemnifies the Australian War Memorial against any action whatsoever arising from the reproduction of material supplied.

Copyright Law

The copyright law is very complex and constantly evolving. The information in this document is provided as guidance only and does not constitute expert or legal advice. If in doubt, always assume that a work is in copyright and seek legal advice before reproducing it.

A proportion of the works in the Public Access Databases are in copyright and thus protected by the Copyright Act of the Commonwealth of Australia or by international copyright conventions.

The Copyright Act is applicable if a work was created or first published in Australia or if the copyright owner was an Australian resident or a person resident in Australia at the time of creation. Works created overseas are protected by international copyright agreements of which Australia is part. The information supplied in this document applies to Australian materials. Copyright protection may differ in other countries.

Definitions

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 but an electronic publication is)
• Include a work in a television program

Ownership of Copyright

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

• If the artist or photographer is employed by a newspaper or magazine under contract of service, the owner of the copyright varies. Please contact the Australian War Memorial for more information.
• If the artist is commissioned by another person to take a photograph or paint a work, that other person is the copyright owner (unless overruled by contract), not the artist.

Duration of copyright

The Australian Copyright Act defines a variety of materials with different copyright protection. Those that pertain directly to the Australian War Memorial's Public Access Databases are as follows:

1. Life of author plus 50 years
   • Engravings and other prints published during the author's lifetime
   • Artistic works other than photographs and engravings and other prints
     
     
2. 50 years from first publication
   • Engravings and other prints first published after the author's death or in which the Crown owns copyright;
   • Photographs taken after 1 May 1969. An unpublished photograph holds copyright in perpetuity
     
     
3. 50 years from making
   • Photographs taken before 1 May 1969
   • Artistic works (other than engravings and other prints) in which the Crown owns copyright
     
     
4. Period of protection in country of origin
   • Materials not made or published in Australia

For more information, please communicate directly with the Research Centre:

Research Centre
Australian War Memorial
GPO Box 345
Canberra ACT 2601
Australia
Telephone: +61 2 6243 4315
Facsimile: +61 2 6243 4545
E-mail: info@awm.gov.au

You may also want to contact copyright collecting agencies such as VI$COPY, the Visual Arts Collecting Society, or visit the Web site of the Copyright Agency Limited for more information on copyright.

This information is acknowledged to the National Library of Australia.

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