Template talk:PD-Australia

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Type of material Copyright has expired if ...
 A  Photographs or other works published anonymously, under a pseudonym or the creator is unknown: taken or published prior to January 1, 1955
 B  Photographs (except A}: taken prior to January 1, 1955
 C  Artistic works (except A & B): the creator died before January 1, 1955
 D  Published editions1 (except A & B): first published more than 25 years ago
 E  Commonwealth or State government owned2 photographs: first published more than 50 years ago

1 means the typographical arrangement and layout of a published work. eg. newsprint.
2owned means where a government is the copyright owner as well as would have owned copyright but reached some other agreement with the creator.



Permission to upload (Reproduction rights)[edit]

Although Australian images produced before 1955 are copyright free, if the images are uploaded from the National Archives, they state : "If you use a digital image, the National Archives must be acknowledged as the source and the image must be identified by its item or image number." They do not charge for reproducing digital copies. (NAA copyright and use fact sheet)

I have sought permission from the National Library of Australia to upload Historical Photos of Australia made before 1955. Permission was granted with reference number NLA05/1532 as per request below. I have a signed hardcopy of the permission.--AYArktos 23:05, 6 November 2005 (UTC)

Request for Permission to Publish Material from the Pictures Collection of the National Library[edit]

1. I request permission to publish (i.e. reproduce, print, display, transmit, project etc for a group of people) the following items from the Pictures Collection : [include creator, title, accession or call number if known]: Historical photos of Australia made before 1955, in particular photographs from the Mildenhall collection, for example, nla.pic-an11030057-226 (Mildenhall, William James, d. 1968. Capitol Theatre, Manuka [picture] ) 2. Title of the publication(s) or website address in which the items will be published: http://wikipedia.org/ 3. I will include in the publication at least the following information for each item: creator name, title, identifying number and the words ‘National Library of Australia’.

4. I will place the information listed in (3) on the same page or screen as the image, or in the following place(s) in my publication: with the image, however, a thumbnail of the image may be displayed and the information will be available by clicking on the image which will display a larger size image and this information. 5. I understand and agree to the following conditions: (a) Compliance with the requirements of the Copyright Act is my responsibility and the Library is not liable if I fail to comply (b) The creator, title and other information are supplied by the Library in good faith; the Library is not liable for any incorrect information supplied (c ) If publishing electronically I will limit the resolution to a level unsuitable for publication-quality printing (d) I will adhere to the following special condition: I will not use images that are not in the public domain

Permission was granted with reference NLA05/1532--AYArktos 23:05, 6 November 2005 (UTC)


  • Contributors should be aware that although AYArktos has agreed to be bound by these conditions, no other contributor is under obligation to conform to them. Public domain images may be used freely by anyone, so public domain images made available by the NLA may be uploaded to Commons / Wikipedia, and no permission or agreement with the NLA is necessary. In particular, contributors are encouraged to upload images at the best available resolution, in conformance with Commons:Image and Wikipedia:Image use policy. Snottygobble 23:56, 6 November 2005 (UTC)
AYArktos reminds me of this quote from Blackadder II - Captain Rum: "Opinion is divided on the subject - all the other captains say it is - i say it isn't!". PMA 00:48, 7 November 2005 (UTC)

Size of template[edit]

The template seems to be a bit large. Would it be better to say that Aussie public domain applies, and give a link to what qualifies as Australian public domain? Andjam 07:06, 16 November 2005 (UTC)

Category:Australian public domain photographs[edit]

Does using this template automatically put that image into this category? --pfctdayelise 13:26, 25 November 2005 (UTC)

ok, nvm. I just had a look at the code and obviously it does. pfctdayelise 13:34, 25 November 2005 (UTC)
It really shouldnt, since it is used for maps and other things --Astrokey44 09:01, 17 May 2007 (UTC)

Copyright status in the U.S.[edit]

The U.S. and Australia have had bilateral copyright relations since March 15, 1918.[1] U.S. works are since then subject to copyright in Australia under Australian law, and Australian works published after that date, bearing a copyright notice, and having been registered within a set time at the U.S. Copyright Office (30 days, extended to 60 days for one year after WWII in 1949), were subject to the U.S. copyright law in the U.S. See p. 150-151 of the Annual Report for the fiscal year 1917/1918 of the U.S. Copyright Office (p.32-33 in the PDF) and the Annual Report 1949/1950 for the post-war registration extension.[2] Works published without copyright notice, or not registered at the U.S. Copyright Office, or where the U.S. copyright had lapsed because it was not renewed, were subject to the Uruguay Round Agreements Act and thus had their U.S. copyrights restored if they were not in the public domain in Australia in 1996. Lupo 14:38, 21 February 2007 (UTC)

I dont think this is correct, see w:Copyright expiration in Australia: Works published outside the United States before 1978 that are in the public domain in their home country are in the public domain in the United States. [3] --Astrokey44 09:10, 19 July 2007 (UTC) On further reading it seems you are right, if it was copyrighted in home country on 1 Jan 1996 (ie photos post 1946 in australia), it will be public domain in the US only 95 years after publication date. I will add the warning from the wikipedia template talk page --Astrokey44 09:54, 19 July 2007 (UTC)
from Australian Copyright Council As a result of the Australia-US Free Trade Agreement (AUSFTA), the period of protection for most material has been extended. There has, however, been no revival of any copyright that expired before 1 January 2005under the old rules. Gnangarra 10:06, 21 July 2007 (UTC)
I have reverted the addition of the extra template. While I think you may be right on the details, this only applies to a very few articles. As such, the suggested template does not belong in this one - the very vast majority of the images tagged with this template are completely fine. Rebecca 05:29, 23 July 2007 (UTC)
I agree with you there, this only applies to a few images, but why should that mean that we use a template which suggests that some images would be PD in the US when in fact they aren't? That would be simply storing up problems for the future.
I have reverted the template back to the original as per the discussions here and at http://en.wikipedia.org/wiki/Template_talk:PD-Australia#Need_for_new_templates.3F I would suggest that it be left alone until legal advice is recieved, and then a more carefully worded modification to the template is made - the new wording implies that the image is likely to not be PD, when this is probably not going to be the case for almost all tagged images. --Nick Dowling 10:33, 27 July 2007 (UTC)

Amendment of date on PD-Australia[edit]

Could an Admin. please amend the date on this template to February 2008 - Source Australian Copyright Law, InfoSheet G023 User_talk:Kathleen.wright5 03:39, 22 August 2008 (UTC)

Done. Hesperian 07:22, 22 August 2008 (UTC)

Australian War Memorial - really public domain?[edit]

A lot of the images which are marked with this template are from the Australian War Memorial or AWM (http://www.awm.gov.au). Typically, Commons claims that AWM marks the image's copyright status as 'clear'. However sometimes the template text is followed by the statement:

"The AWM allows the use of images from its online database whose copyright has expired for non-commercial purposes only on the condition that the AWM's watermark is not removed. The Australian War Memorial (AVM), however, requires that the AWM watermark is not removed and that permission be sought for commercial use."

An example of this is Image:Isitt NEW ZEALAND 1945.jpg. Looking at the AWM website, it is not clear whether AWM claims copyright or not.

Another example is Image:5 OTU RAAF (P03594-015).jpg. This image claims on commons that AWM states that the photo has a copyright status of 'clear' on the Australian War Memorial collections database. However the AWM page for the image (http://cas.awm.gov.au/TST2/cst.acct_master?surl=493527678ZZZPDXDRKCUGZ17206&stype=4&simplesearch=&v_umo=&v_product_id=&screen_name=&screen_parms=&screen_type=RIGHT&bvers=4&bplatform=Microsoft%20Internet%20Explorer&bos=Win32) states that the Copyright Status of this image has yet to be assessed.

If it is a simple matter that any AWM image which dates from before 1 January 1955 is now in the public domain then the matter can be simplified. However, if this is not the case then I suspect that we are breaking copyright by hosting many AWM images. Can anyone shed any light on this? Greenshed (talk) 17:50, 30 November 2008 (UTC)

Photographs taken prior to 1 January 1955 are in the public domain as per the license template. Its more than just the AWM that do this on images many of the state libraries also make the same assertion but its simple making a claim of copyright they dont hold, we remove water marks on theses images as per Commons:Watermarks and given appropriate source information on the image page. Gnangarra 22:17, 30 November 2008 (UTC)
It's not quite as simple as that. Gnangarra is correct about Australian copyright law, but only Australian images (almost everything on AWM is Australian in copyright terms, but I seem to remember one or two exceptions) from before 1 January 1946 are clear of U.S. copyright. Physchim62 (talk) 14:25, 1 December 2008 (UTC)
The AWM's website states that copyright expires on pre-1 May 1969 photos in its collection 50 years from the date they were taken at [4] and makes no mention of any international complications and the Memorial has been uploading photos dating back to the early 1950s (including photos taken outside Australia) to Flickr as having "No known copyright restrictions" at: [5]. That disclaimer dates back to an old misunderstanding of the images' status when they were originally uploaded to Wikipedia and should be removed as it's since become clear that the images are PD. As for the photo, the image's status was marked as 'clear' when it was uploaded: a few months ago the AWM changed the status of almost all its images to 'to be assessed'. As such, these images are PD and if the memorial is uploading them to Flickr there should be no problems with hosting post 1946 images on non-Australian servers. Nick-D (talk) 08:07, 2 December 2008 (UTC)
The 1969 date means that they are considered Commonwealth Copyright (a version of Crown Copyright); prior to May 1, 1969 (when the 1968 Copyright Act went into effect) the term was 50 years from when the work was made, and it is only for works made after May 1, 1969 that the Commonwealth Copyright term for photographs and engravings was changed to 50 years from publication. I don't think there should really be many U.S. copyright complications either; it is a situation more akin to PD-author where the copyright owner is declaring their own works to be public domain. Carl Lindberg (talk) 15:20, 14 February 2010 (UTC)

Link needs update[edit]

{{editprotected}} The second ext. link is 404, change to http://www.copyright.org.au/pdf/acc/infosheets_pdf/g023.pdf/view .feydey (talk) 16:47, 25 May 2009 (UTC)

Done, thanks. Hesperian 23:11, 25 May 2009 (UTC)

Video and Broadcasts[edit]

{{editprotected}} I think there should be a mention of film, video, audio and broadcasts in this template as commons hosts this sort of material --RockerballAustralia (talk) 00:48, 6 October 2009 (UTC)

Language[edit]

This template currently says that the image was created in Australia. That is irrelevant, and very often false (for example, in the case of the many WW2 images tagged with this); what's important is that the image's country of origin be Australia. Could an administrator adjust the wording? And while we're at it, would it make sense (since images need to be in the public domain in the country of origin and the United States) to add a note about how images so-tagged are in the public domain in the US if they were created before January 1, 1946, such that they were in the public domain in the country of origin on the date of restoration? Steve Smith (talk) 07:34, 8 December 2009 (UTC)

{{Editprotected}} My suggestion would be to replace "This image was created in Australia" with "This image is of Australian origin". Steve Smith (talk) 04:18, 9 December 2009 (UTC)

✓ Done, wording adjusted as you suggested. I am unsure I understand your other request, so I would rather leave it.
Also, I enabled autotranslation on this template, which implies the text is now stored in subpages such as {{PD-Australia/en}}, which you can edit. Jean-Fred (talk) 00:22, 10 December 2009 (UTC)

Commonwealth (Government) copyright[edit]

The section "E" in the template is slightly incorrect; it says 50 years from being published, whereas it should say 50 years from being made or taken. The 1968 Copyright Act (which went into effect on May 1, 1969) changed the Commonwealth Copyright term for engravings and photographs to 50 years from publication, rather than 50 years from creation in §180(3). However, per §233, that only applies to photographs and engravings made on May 1, 1969 or later; for earlier photographs the earlier terms (50 years from creation) still apply, which would be the case for anything public domain today. The distinction will not matter until 2020, since that is the earliest that the "publication" part of the definition could even apply. Also, all other Commonwealth artistic works are still 50 years from creation; it may also be a good idea to mention that instead of just "photographs" (and engravings are not mentioned at all). Carl Lindberg (talk) 15:30, 14 February 2010 (UTC)

Dead Link (again)[edit]

The second external link gives a HTML 404 error, it needs to be updated again. -- Aeonx (talk) 01:25, 7 November 2010 (UTC)

It's still broken - does anyone know what the new link is? Nick-D (talk) 01:40, 31 May 2011 (UTC)

New address for dead link[edit]

{{editprotected}} The ACC information sheet is now G023v16 (Feb 2012), and the link is now http://www.copyright.org.au/admin/cms-acc1/_images/16227869304f39aff399393.pdf

Can an administrator please now update it? Thanks, Bahnfrend (talk) 00:56, 31 March 2012 (UTC)

✓ Done (updated all of the languages with the new link/information) Logan Talk Contributions 01:21, 1 April 2012 (UTC)

war art from the Korean War[edit]

What is the status on art produced by war artist employed by the government during the Korean War? My thought was the 50 year benchmark would apply, per section 180 for CR act, but I wanted to get a second opinion before I proceeded with uploads.--Labattblueboy (talk) 20:13, 6 May 2011 (UTC)

Dead Link (again)[edit]

{{editprotected}} External link at top of the template (ACC Information Sheet G023v16 (Duration of copyright) (Feb 2012)) is broken again. Now at http://www.copyright.org.au/admin/cms-acc1/_images/16729511725265eae2b3ee1.pdf Document still appears to be at version 16 from Feb 2012 so only the URL needs to be updated. Thank you.— Preceding unsigned comment added by Cube00 (talk • contribs) 10:48, 22 October 2013‎ (UTC)

✓ Doneebraminiotalk 07:15, 26 October 2013 (UTC)

Dead Link (once again)[edit]

{{edit request}} Please update URL and version information of the ACC "Duration of Copyright" Information Sheet link at top of the template. Now at http://www.copyright.org.au/acc_prod/AsiCommon/Controls/BSA/Downloader.aspx?iDocumentStorageKey=d2bde8e8-c0db-4242-893f-278135fe811c&iFileTypeCode=PDF&iFileName=Duration%20of%20Copyright This Information Sheet has been updated to version 17 from August 2014. --Very trivial (talk) 00:14, 8 June 2015 (UTC)

still needs doing... (via [6]) btw, their website is really horrible. --Jeremyb (talk) 17:19, 19 July 2015 (UTC)
✓ Done --Jarekt (talk) 16:28, 27 October 2015 (UTC)

Clarify[edit]

"A Photographs or other works published anonymously, under a pseudonym or the creator is unknown: taken or published prior to 1 January 1955
B Photographs (except A): taken prior to 1 January 1955
C Artistic works (except A & B): the creator died before 1 January 1955
D Published editions1 (except A & B): first published more than 25 years ago
E Commonwealth or State government owned2 photographs and engravings: taken or published more than 50 years ago and prior to 1 May 1969"

is not completely clear as on a quick reading (B) simply repeats (A). It also uses the word "taken" in (A) for "photographs and other works" -- "created" would be more accurate as you obviously do not "take" a painting, sculpture, or biography.

I propose revising it to read:

"A All photographs taken or published prior to 1 January 1955
B All works, except photographs, published anonymously, under a pseudonym or the creator is unknown created or published prior to 1 January 1955
C Artistic works (except A & B) where the creator died before 1 January 1955
D Published editions (except A & B) first published more than 25 years ago
E Commonwealth or State government owned photographs and engravings taken or published more than 50 years ago and prior to 1 May 1969"

.     Jim . . . . (Jameslwoodward) (talk to me) 11:25, 9 January 2016 (UTC)

"A" should just be all photographs taken before 1955. Publication has nothing to do with it (obviously a photo is taken before it is published). "B" should then probably just be "All works (except A) published anonymously...". Carl Lindberg (talk) 20:03, 9 January 2016 (UTC)

Update link in template[edit]

The link to "ACC Information Sheet G023v17 (Duration of copyright) (August 2014)" in the template no longer works but is now linked from this webpage so can someone update it. Thanks Ww2censor (talk) 10:17, 17 April 2016 (UTC)

Dead link for ACC info sheet[edit]

{{edit request}} The current link for the ACC information sheet does not work. Please change the template to use the download URL https://www.copyright.org.au/acc_prod/AsiCommon/Controls/BSA/Downloader.aspx?iDocumentStorageKey=7384f456-8e8a-4c69-97ca-206bb46df5da&iFileTypeCode=PDF&iFileName=Duration%20of%20Copyright instead. This URL should work (at least for now) and the use of HTTPS should provide increased privacy and security for users. Thanks. --Gazebo (talk) 08:11, 28 July 2016 (UTC)

✓ Done --Jarekt (talk) 16:58, 28 July 2016 (UTC)

Update[edit]

Info non-talk.svg
It is requested that an edit or modification be made to this protected page.

Administrators: Please apply <nowiki> or {{tl}} to the tag after the request is fulfilled.

Clindberg

Some changes required to the template:

  1. "Commonwealth or State" should be "Commonwealth, State or Territory"
  2. The Australian government asserts that copyright expiration is worldwide. This is the same as an earlier declaration by the UK government. See OTRS Ticket#2017062010010417. A note to this effect should replace the "You must also include a United States public domain tag to indicate why this work is in the public domain in the United States."
  3. The "and prior to 1 May 1969" has been removed by new legislation (Copyright Amendment (Disability Access and Other Measures) Act 2017) which is expected to take effect on 1 January 2018. A new version of the ACC Information sheet will probably appear at this time.

Hawkeye7 (talk) 22:25, 26 June 2017 (UTC)

Very cool, thanks for the notice. Some comments -- The worldwide-expiry only would apply to category E, government works. The term changes (sounds like infinite-term-unpublished works are going away) go into effect on January 1, 2019 -- unsure if that also applies to the capping of government works at 50 years from creation as well, which looks to be set to change. Carl Lindberg (talk) 23:05, 26 June 2017 (UTC)
Yes, the infinite term goes away. The capping of government at 50 years from creation (for unpublished works) doesn't really change anything. Government works already have a term of 50 years from creation. That would have changed for works created after 1 May 1969, but now it will not. As the affected images do not fall into the public domain until 2019, the 1 May 1969 clause will never take effect. The worldwide expiry applies to all images, not just government ones, but due to the extension of the term of non-government works to 70 years, they won't be affected by this until 2025. Hawkeye7 (talk) 07:12, 4 July 2017 (UTC)
The worldwide expiry is just for government works (i.e. the ones where they own the copyright, and can give it up). Owners of copyrights get whatever rights around the world that each country gives them -- which may be longer than Australia's, depending on that country's law and whatever treaties they have signed. Each copyright owner would have to voluntarily give that up, which it sounds like the government (following the UK's lead for their similar Crown Copyright) is doing for theirs. (Enforcement of government copyright in other countries is a weird subject to begin with -- no precedent, I don't think.) But they can not control that for private copyrights. Carl Lindberg (talk) 12:09, 4 July 2017 (UTC)
Yes, the OTRS is a statement from the government following the UK's lead on Crown Copyright. The point is that Crown Copyright images from 1946 to 1966 are in the public domain. Hawkeye7 (talk) 21:07, 4 July 2017 (UTC)
Yep. Sections A through D are about private copyrights though, so the URAA statement still applies there. However, the OTRS confirmation may make it worth it to have a separate PD-AustraliaGov template, which can refer to it explicitly. Carl Lindberg (talk) 01:10, 5 July 2017 (UTC)