Copyright and reproduction
- Copying, reproduction and copyright
- Copyright legislation
- Reproduction restrictions
- Material for which permission is not needed from the Library
- What is copyright and what does it cover?
- Copyright and the Library's collections
- Copyright and research and study
- How long does Copyright last?
Copying, reproduction and copyright in items owned by the State Library of New South Wales
Many items that are held in the State Library of New South Wales including those that are listed on this database are protected by copyright. In Australia copyright derives from the Copyright Act 1968 (Cth), from legal decisions and from the Free Trade Agreement with the United States of America.
In addition there may be limitations on copying and further reproducing most material from the collections and databases of the State Library. While you may print for personal use and save most material you find on the databases for research and study, in many cases you may not further distribute it or publish without prior permission from the Library.
Purchasing an image from the Library does not mean that the Library has also given you permission to publish it. You must apply separately for Permission to publish especially where images have come from the special collections of the State Library, including the Mitchell Library and rare books collections.
While the Library can sometimes assist with locating copyright holders, it is your responsibility to clear copyright and permissions.
Copyright legislation
Copying and use of material from the collections of the State Library of New South Wales is subject to the provisions of the copyright Act 1968 of the Commonwealth of Australia. This is a complex area of law and is evolving. Recent changes took effect in January 2005 as a result of the Free Trade Agreement (FTA) with the United States.
Further information on copyright and the impact of the FTA, and generally about copyright in libraries, is available in an article by Intellectual Property lawyer Virginia Morrison. This article can be accessed here: Copyright amendments under the Australia - United States Free Trade Agreement: How Australian libraries are affected.
Other information supplied on this page is provided as guidance only and does not constitute expert legal advice.
If in doubt, always assume that a work is in copyright and seek legal advice before reproducing it.
You can obtain the most up to date advice about copyright from the Australian Copyright Council.
Reproduction restrictions
Although copyright may no longer subsist in rare and printed works, photographs etc., held in the Library, permission must still be sought from the Library before reproducing them. Where images are still in copyright you must also request clearance from the copyright holder before you may reproduce it.
Material for which publication permission is not needed from the Library
You do not need to apply for the Library's permission to publish items from published twentieth century material such as books, newspapers and periodicals. However depending on the age of the items you may need permission from the publisher or copyright holder.
What is copyright and what does it cover?
Copyright is a form of automatic legal protection given to the creators of artistic and literary works — paintings, photographs, computer files, sound recordings, plays, architectural plans, books, articles, newspapers, journals, music and film among other formats. The Copyright Act applies where a work was created or first published in Australia, or if the copyright owner was an Australian resident at the time of its creation.
Copyright protection may differ in other countries including in the EEC.
Copyright gives the copyright owner a number of exclusive rights such as the exclusive right to communicate their work to the public including photocopying, scanning, broadcasting and publishing for a determined period of time. If you want to use material where copyright is owned by another person or organisation, then you must seek their permission first.
Copyright and the Library's collections
The Library seldom holds copyright for the many types of material in its collections. Library staff will be happy to assist you, if they can, in determining the copyright status of material in the Library's collections. However, it is your responsibility to obtain clearance from the copyright holder before reproducing an item in any way other than for private study. The Library must receive written proof of copyright clearance before we can supply a copy of such an item for you.
Copyright and research and study
The Copyright Act does allow published material that is in copyright to be copied for the purpose of research and study provided that the use is fair. The act sets out two situations where it is always fair to deal with copyright material for research or study:
- it is fair to copy 10% of a published work or one chapter ; and
- to reproduce an article from a journal, newspaper or magazine under the circumstance set out in the Act.
How long does Copyright last?
Under the Free Trade Agreement (FTA) if copyright had expired under the rules applying before 1 January 2005, then the material is no longer in copyright.
Different periods of protection apply for different types of material, and some have not changed for example under FTA the duration of copyright when owned by governments has not changed.
Further information about the duration of copyright in specific formats is summarised in various publications of the Australian Copyright Council: its Information sheet G 23 specifically deals with this subject.
Listed below is a selection of formats and the general period of protection under the Copyright Act.
Photographs
Taken before 1 January 1955 copyright has expired.
Taken after 1 January 1955 copyright extends for the life of the photographer plus 70 years.
Other artistic works such as paintings and sketches
If creator died before 1 January 1955 copyright has expired.
If creator died after 1 January 1955 copyright extends for the life of the creator plus 70 years.
Published works including books and articles
If creator/writer died before 1 January 1955 copyright has expired.
If creator/writer died after 1 January 1955 copyright extends for life of the writer plus 70 years.
Anonymous published works
If published before 1 January 1955 copyright has expired.
If still in copyright at 1 January 2005 then copyright will last for 70 years from the time first published.
Unpublished manuscripts such as letters, diaries and typescripts
Copyright in this material does not expire until it is published with the authority of the owner of copyright. If in copyright at 1 January 2005 and then published the period of protection extends from 70 years from the time made public.
The Library may still copy and communicate unpublished material if 50 years have elapsed since the creator's death.
