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ARTICLE · 17 JANUARY 2019

New Year 2019 sees changes to the duration of copyright protection

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Changes to the Copyright Act 1968 (Cth) will simplify and standardise the duration of copyright protection in Australia.

AustraliaIntellectual Property

On 1 January 2019, changes to the Copyright Act 1968 (Cth) came into effect to simplify and standardise the duration of copyright protection in Australia.

The most significant change relates to the duration of copyright for unpublished materials, which were previously protected for an indefinite period of time. Now, all literary, dramatic, musical and artistic works will have a standard term of protection: the life of the author plus 70 years, regardless of whether the material has been made public.

In the case of orphaned works (where the author is unknown), or sound and film recordings, copyright will only subsist for 70 years after creation, unless those materials are made public within 50 years of creation, in which case copyright will subsist for 70 years after being made public.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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