The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way as it recognizes the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created.
In addition to establishing a system of equal treatment that internationalized copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law.
Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, it continued to make statutory damages and attorney's fees only available for registered works).Quoting from the Intellectual Property Australia website:
Copyright protection is free and automatic in Australia and protects the original expression of ideas, and not the ideas themselves.
Common works protected by copyright are:The duration of Australian copyrights is:Copyright also protects originally created:
- books
- films
- music
- sound recordings
- newspapers
- magazines
- artwork
Australian copyright is administered by the Attorney-General's Department.
- typographical arrangements
- databases
- media broadcasts
- computer programs
- compositions of other people's work such as academic journals or CD compilations
Depending on the material, copyright for literary, dramatic, musical and artistic works generally lasts 70 years from the year of the author's death or from the year of first publication after the author's death.
Copyright for films and sound recordings lasts 70 years from their publication and for broadcasts, 70 years from the year in which they were made.Some other helpful websites include:
- Australian Copyright Council
- Intellectual property and copyright | Attorney-General's ...
- COPYRIGHT ACT 1968 - AustLII
- What is copyright? - Copyright - The University of Sydney
For more information, see our information sheet An introduction to copyright in New Zealand prepared by the Copyright Council of New Zealand.
Quoting from the Copyright Council of New Zealand concerning the duration of copyright protection:
Copyright in literary, dramatic, musical and artistic works continues for 50 years after the end of the calendar year in which the author died.
Copyright in sound recordings and films continues for 50 years from the end of the calendar year in which they were made. However, if the work is made available to the public before the end of that 50 year period, copyright continues for 50 years from the end of the calendar year in which it was first made available.
Copyright in a communication work continues for 50 years from the end of the calendar year in which it was first communicated to the public. Copyright in a repeated communication work expires at the same time as copyright in the initial communication work expires.
A publisher's copyright in the typography of a published edition lasts for 25 years from the end of the calendar year in which the work was first published.The text of the New Zealand Copyright Act can be found at www.legislation.govt.nz.
As I mentioned above, as is the case with the law in all contracting parties to the Berne Convention, there is no requirement for a copyright notice.
There are provisions in the Copyright Act in Australia that allow educational institutions to use copyright material for educational purposes without permission from the copyright owner, it is probably worthwhile for large genealogy societies to examine the possibility of applying for staus as an educational institution.
ReplyDeleteMy rule for copying is "When in doubt don't."
Thanks for that additional information.
DeleteThe following "Family Histories & Copyright" - a good concise guide from the Australian Copyright Council http://www.copyright.org.au/admin/cms-acc1/_images/7772412955265eb0dbc0a6.pdf
ReplyDelete