Copyright and Anzac Connections

After my blog “Copyright Hunter” I had several questions and comments regarding copyright and how it affects the Memorial. In this blog I will cover the basics of copyright in Australia.

In Australia copyright law is governed by the Copyright Act 1968, court decisions and the Australia-US Free Trade Agreement (AUSFTA) of 1 January 2005. The AUSFTA effects Australian copyright by extending the copyright period of published “literary works,” (personal diaries, letters or notes), to 70 years after the maker’s death or in some instances its publication. Prior to 2005 it had been 50 years after the maker’s death or in some cases 50 years after publication. For published, “Literary works,” that had not expired before the 1 January 2005 and any material made after that date, copyright has been revived to 70 years after the maker’s death.

The majority of collections used in Anzac Connections are “literary works,” which have not been published, meaning the copyright does not expire and is not affected by the AUSFTA. There is no register of copyright material in Australia and no list of “public domain” material. The Memorial has to trace the closest descendant, for them to give us permission to use “literary works,” beyond personal research. All of the Memorial’s “literary works” (Private Records and Manuscripts) are publically available in the reading room for personal research. However a small amount of collections have some restrictions placed on their use, either due to donor or family wishes or the fragility of the collection.  

The Memorial, in its use of all material, has to comply with the Copyright Act. Fortunately, the members of the public that I have contacted for the Anzac Connections project have been honoured and delighted to give permission for their ancestor’s material to be digitised online.

 For more information see the Memorial’s copyright page and the Australian Copyright Council Q & A page which includes, Duration of Copyright.