>From a Commons process perspective, if I upload one of these photos which is
>older than “date plus 50 years” (which is currently 1966 and earlier photos
>but next year become 1967 and earlier, etc), do I still use the
>{{PD-Australia}} template? Or is there a different template?
My question links to the fact that the current PD-Australia template on Commons
has not been updated since the legislation passed and currently says
Commonwealth or State government owned2 photographs and engravings:
taken or published more than 50 years ago and prior to 1 May 1969
Does this reflect the legislation and, if so, what is the bit about 1 May 1969
all about? Or does the template need to be amended to reflect the legislation?
Or should I be using some different template completely?
Kerry
From: Ross Mallett [mailto:[email protected]]
Sent: Wednesday, 21 June 2017 6:17 AM
To: [email protected]; Australian Wikimedians mailing list
<[email protected]>
Subject: Re: [Wikimediaau-l] Crown Copyright in photographs
Kerry
Crown copyright includes the Federal and State governments, and those of all
the territories, including the overseas territories. Even Norfolk Island. It
does NOT include local government.
Under the Constitution (Section 51 (xviii) to be exact), copyrights, trademarks
and patents are a Federal responsibility, so only one law everywhere.
(Hallelujah!)
Ross
On 20/06/2017 6:05 PM, Kerry Raymond wrote:
And also mentioned on the Australian Wikipedians Noticeboard.
https://en.wikipedia.org/wiki/Wikipedia:Australian_Wikipedians%27_notice_board
But I have a question (pardon my ignorance). Does Crown Copyright include the
state governments and local governments or just the federal government?
Kerry
From: Wikimediaau-l [mailto:[email protected]] On
Behalf Of Robert Myers
Sent: Tuesday, 20 June 2017 5:21 PM
To: 'Wikimedia-au' Chapter <mailto:[email protected]>
<[email protected]>
Subject: Re: [Wikimediaau-l] Crown Copyright in photographs
I think it would be best forwarded on to OTRS
https://commons.wikimedia.org/wiki/Commons:OTRS
On 20 Jun 2017, at 5:17 PM, Pru Mitchell <[email protected]
<mailto:[email protected]> > wrote:
Hi Ross
Thanks for pursuing this question and for sharing the response. It is very
helpful in a number of contexts.
It begs the question as to where this communication could be stored so that
those who need it can find it easily.
Any ideas?
Thanks again, Pru
On Tue, Jun 20, 2017 at 4:22 PM, Ross Mallett <[email protected]
<mailto:[email protected]> > wrote:
I got a reply about my query as to the status of crown copyright photographs.
There was some concern about those that were not yet out of copyright on the US
URAA date (ie 1 January 1996)
The UK government has declared that its crown copyright expire worldwide. The
Australian government has confirmed that this is the case here too.
Put simply, all crown copyright photographs in 1966 or earlier are in the
public domain.
Ross
UNCLASSIFIED
Dear Dr Mallett,
Thank you for your letter of 17 March 2017 to Senator the Hon George Brandis
QC, about copyright in photographs belonging to the Crown. Your letter has been
forwarded to Senator the Hon Mitch Fifield, Minister for Communications and the
Arts, as copyright law and policy falls within the portfolio responsibilities
of Minister Fifield. I am responding on his behalf.
The Government has recently amended the provisions in the Copyright Act 1968
relating to the term of protection for unpublished Crown photographs. The
Copyright Amendment (Disability Access and Other Measures) Bill 2017 passed in
the Senate last week and will come into effect six months from the Bill
receiving Royal Assent.
The changes set out in the Copyright Amendment Bill provide a new term of
protection for unpublished Crown copyright material. The amendments repealed
sections 180 and 181 of the Copyright Act 1968 and inserted a new, consolidated
section 180 that provides for a new standard term of protection for works,
sound recordings and cinematograph films owned by the Crown of 50 years from
the year in which the material is made (that is, ‘date made plus 50 years’),
whether the material is made public or not. You can find the text to the Bill
on the Australian Parliament House website:
http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5832
You also asked whether Australian Government copyright material would be in the
public domain in the United States and I confirm that once the term of
copyright protection expires in Australia, the domain is worldwide and not
limited to Australia.
I trust this information will be of assistance and apologise for the delay in
responding.
Kind regards,
<Mail Attachment.png>
Ruth Schofield
A/g Assistant Director / Content and Copyright Branch / Content Division
Department of Communications and the Arts
38 Sydney Avenue, Forrest ACT 2603
GPO Box 2154 Canberra ACT 2601
–
communications.gov.au <https://www.communications.gov.au/>
<Mail Attachment.gif> @CommsAu <https://twitter.com/CommsAu?lang=en>
arts.gov.au <http://arts.gov.au/>
<Mail Attachment.gif> @artsculturegov
<https://twitter.com/artsculturegov?lang=en>
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