Copyright in Australia

For an overview, see An Introduction to Copyright in Australia, from the Australian Copyright Council.

Under Australian Copyright Law, copyright protection is automatic, and no symbol is required. For Artistic works (such as paintings, drawings, cartoons, sculpture, craft work, photographs, maps and plans), copyright lasts from the time the material is created until 50 years after the year of the creator's death.

Copyright and ArtServe

We have done our best to ensure that materials on ArtServe are either out-of-copyright (see below), or with the copyright owned by Michael Greenhalgh (who waives it for educational use). To the best of our knowledge, there are no images on this server which contravene the provisions of Australian Copyright Law; and the rest of this document tries to explain and illustrate these.

If anyone believes that any images on ArtServe do indeed contravene copyright, then we should be grateful for having the matter drawn to our attention, and we will withdraw them immediately, if appropriate.

Copyright on Various Types of "Art Objects"

See generally the Information Sheet devoted to Copyright and Artworks. The following extracts are taken verbatim from Australian Copyright Council documents available on the Web:

For buildings: There is no need to seek permission to photograph a building. Although a building is protected by copyright, a special exception in the Copyright Act allows buildings to be photographed without permission.

For photographs: The period of protection varies according to the type of material. Photographs taken before 1 May 1969 are protected for 50 years from the end of the year they were taken. Photographs taken after 1 May 1969 are protected for 50 years from the year of first publication (that is, when copies are first made available to the public). Other works are generally protected until 50 years after the year of the author's death.

For images from books: Do I need permission to copy a photograph of an artistic work from a book?

There may be two copyrights: copyright in the artistic work (for example, a painting) and copyright in the photograph of the artistic work). You will generally need permission from the owner of copyright in the artistic work unless the copyright has expired. It is unlikely you need permission in relation to the photograph, if the photograph depicts nothing but the artistic work and is indistinguishable from other photographs of the same work. Otherwise, you will generally need permission from the owner of copyright in the photograph.

Scanning work: Do I need permission to scan & alter an image to create a new work?

Scanning an image to produce a digitised version will usually reproduce the image, and thus require permission (unless the copyright has expired). You will also generally need permission to produce a new image by altering the digitised image, if an important part of the first image is recognisable in the new image.

Galleries and Museums: Do I have to pay a fee to a gallery to copy a work in the gallery'?s collection?

In some cases, a gallery owns copyright in a work in its collection, and you need the gallery's permission to reproduce the work. In other cases, the copyright is owned by someone else, or has expired. In some cases, galleries charge an "access fee" to reproduce works in their collection, even if the gallery does not own copyright or the copyright has expired. If a gallery has requested a fee, you may need to check what the fee is for.

Art in a Public Place: Do I need permission to photograph or draw public art?
You may draw, paint, photograph or film a sculpture or work of artistic craftsmanship which is publicly displayed "other than temporarily" without permission. This does not apply to other public art, such as murals. You may, however, draw, paint, photograph or film a building without permission.


Artworks outside the "Fifty-Year Rule"

In order to clarify matters to do with works of art apparently out of copyright (i.e. produced well before the "fifty-year rule"), the following questions were put to Ian McDonald, Legal Officer, Australian Copyright Council, on 22nd November 1996. His answers are in italics immediately after the questions: