COPYRIGHT ACT 1968 - SECT 33 Duration of copyright in original works

Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 33

Duration of copyright in original works

(1) This section applies to copyright that subsists in a work under this Part.

Works first made public before 1 January 2019

(2) The following table has effect if the work was first made public before 1 January 2019.

Duration of copyright--works first made public before 1 January 2019
Item
Column 1
If ...
Column 2
the copyright continues to subsist until ...
1
no other item of this table applies
70 years after the calendar year in which the author of the work died.
2
(a) the work is:
(i) a literary work (other than a computer program); or
(ii) a dramatic work; or
(iii) a musical work; or
(iv) an engraving; and
(b) the author of the work has died; and
(c) the work was not first made public before the author died; and
(d) item 3 does not apply
70 years after the calendar year in which the work was first made public.
3
the identity of the author of the work is not generally known at any time before the end of 70 years after the calendar year in which the work was first made public
70 years after the calendar year in which the work was first made public.

Duration of copyright--works first made public before 1 January 2019
1	no other item of this table applies	70 years after the calendar year in which the author of the work died.
2	(a) the work is: (i) a literary work (other than a computer program); or (ii) a dramatic work; or (iii) a musical work; or (iv) an engraving; and (b) the author of the work has died; and (c) the work was not first made public before the author died; and (d) item 3 does not apply	70 years after the calendar year in which the work was first made public.
3	the identity of the author of the work is not generally known at any time before the end of 70 years after the calendar year in which the work was first made public	70 years after the calendar year in which the work was first made public.

Works never made public, and works first made public on or after 1 January 2019

(3) The following table has effect if the work was not first made public before 1 January 2019.

Duration of copyright--works not first made public before 1 January 2019
Item
Column 1
If ...
Column 2
the copyright continues to subsist until ...
1
no other item of this table applies
70 years after the calendar year in which the author of the work died.
2
(a) the identity of the author is not generally known at any time before the end of 70 years after the calendar year in which the work was made; and
(b) the work is not first made public before the end of 50 years after the calendar year in which the work was made
70 years after the calendar year in which the work was made.
3
(a) the identity of the author is not generally known at any time before the end of 70 years after the calendar year in which the work was first made public; and
(b) the work is first made public before the end of 50 years after the calendar year in which the work was made
70 years after the calendar year in which the work was first made public.

Duration of copyright--works not first made public before 1 January 2019
1	no other item of this table applies	70 years after the calendar year in which the author of the work died.
2	(a) the identity of the author is not generally known at any time before the end of 70 years after the calendar year in which the work was made; and (b) the work is not first made public before the end of 50 years after the calendar year in which the work was made	70 years after the calendar year in which the work was made.
3	(a) the identity of the author is not generally known at any time before the end of 70 years after the calendar year in which the work was first made public; and (b) the work is first made public before the end of 50 years after the calendar year in which the work was made	70 years after the calendar year in which the work was first made public.

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Duration of copyright--works first made public before 1 January 2019
Item	Column 1 If ...	Column 2 the copyright continues to subsist until ...
1	no other item of this table applies	70 years after the calendar year in which the author of the work died.
2	(a) the work is: (i) a literary work (other than a computer program); or (ii) a dramatic work; or (iii) a musical work; or (iv) an engraving; and (b) the author of the work has died; and (c) the work was not first made public before the author died; and (d) item 3 does not apply	70 years after the calendar year in which the work was first made public.
3	the identity of the author of the work is not generally known at any time before the end of 70 years after the calendar year in which the work was first made public	70 years after the calendar year in which the work was first made public.