The answer depends on the type of work, the date it was created, and whether the creator is an individual or an organisation. This article explains copyright duration in Australia, the rules for different types of works, and how you can protect your intellectual property.
In Australia, copyright protection is automatic. You do not need to register your work for copyright to apply. The moment an original work is created and fixed in a material form — such as being written down, recorded, or saved digitally — copyright is in place.
Copyright is governed by the Copyright Act 1968 (Cth), which forms part of Australia’s broader Intellectual Property Law framework. It grants the creator exclusive rights to reproduce, publish, perform, and adapt their work.
The General Rule: Life of the Author + 70 Years
For most creative works, copyright in Australia lasts for the life of the author plus 70 years. This means:
If an author dies in 2025, copyright generally continues until the end of 31 December 2095.
After this period, the work enters the public domain, meaning anyone can use it without seeking permission or paying royalties.
This rule applies to:
Literary works (books, poems, articles)
Dramatic works (scripts, plays)
Musical works (scores, compositions)
Artistic works (paintings, photographs, drawings)
Special Rules for Different Works
While the "life + 70 years" rule is common, different types of works have their own copyright durations under Australian Intellectual Property Law.
Sound Recordings and Films
Copyright lasts for 70 years from the end of the year of first publication.
If never published, it lasts 70 years from the year it was made.
Broadcasts
Copyright lasts for 50 years from the date of the broadcast.
Published Editions of Works
Copyright in the layout, typesetting, and formatting of published editions lasts for 25 years from the year of first publication.
Government Works
Works created by or for the Commonwealth or State governments are protected for 50 years from the year of creation.
Changes to Copyright Duration in Australia
In 2004, Australia extended copyright duration for most works from life + 50 years to life + 70 years to align with international agreements, including the Australia–US Free Trade Agreement.
The change applies to works still protected by copyright on 1 January 2005. If a work’s copyright had already expired before that date, it was not revived.
Moral Rights and Copyright Duration
In addition to copyright ownership, creators also hold moral rights under Australian Intellectual Property Law. These include the right to be attributed as the author, the right against false attribution, and the right to protect the integrity of the work.Moral rights last for the same duration as copyright itself.
What Happens When Copyright Expires?
When copyright expires, the work enters the public domain. This means anyone can reproduce, adapt, or distribute the work without permission or payment. However, even in the public domain, moral rights must still be respected — you cannot falsely attribute authorship or distort a work in a way that harms the creator’s reputation.
Protecting Your Copyright
Although copyright protection is automatic, enforcing it often requires legal advice. This is where experienced Intellectual Property Law professionals can help. They can:
Advise on your rights and obligations
Help prove ownership in disputes
Draft licences and agreements to control how your work is used
Pursue legal action if your work is infringed
International Considerations
Australia is a member of the Berne Convention, meaning Australian works are recognised in over 180 member countries and vice versa. However, copyright duration can vary between countries, so it is important to check local laws if you plan to use works overseas.
Key Takeaways
Most works: Copyright lasts for the life of the author plus 70 years.
Films and sound recordings: 70 years from first publication.
Broadcasts: 50 years from the broadcast date.
Published editions: 25 years from publication.
Government works: 50 years from creation.
Protection is automatic, but legal advice can ensure your rights are enforced.
At New South Lawyers, our expert Intellectual Property Law team can help you protect your creative works and enforce your rights.
Whether you are an artist, author, musician, filmmaker, or entrepreneur, we provide tailored legal solutions to safeguard your intellectual property.
Contact New South Lawyers today for professional advice and peace of mind knowing your creations are protected under Australian law.
