The 1 May 1969 date was a demarcation date under the old legislation. If
made before 1 May 1969, the Crown copyright expired 50 years after the
photograph was made; if after, it was 50 years from when it was first
published. However, sections 180 and 181 are being repealed. So by the
time 2019 rolls around, it will be 50 years after the photograph was made.
Ross
On 21/06/2017 8:06 AM, Kerry Raymond wrote:
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 owned^2 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 <[email protected]>
<mailto:[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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