Last updated 12 February 2026
The period of copyright protection depends on the type of subject matter. The term of copyright protection of a literary, dramatic, artistic and musical work is life of the author plus 70 years, or if the author dies before the work is published, performed in public, broadcast or sold in record form, 70 years from whichever of those events happens first (ss 33(2), 33(3) Copyright Act 1968 (Cth) (Copyright Act)). In the case of other subject matter, the period of copyright protection varies for example:
- film and sound recordings—usually 70 years from the year of publication (ss 93 Copyright Act)
- broadcasts—usually 50 years from the year of making (s 95)
- published editions—usually 25 years from the date of publication (s 96).
Once copyright in a work has expired, it cannot be renewed and it is in the public domain. This means that it is open for anyone to use the material without infringing copyright.
It is important to note that Australia’s term of copyright protection is now in line with that of Europe and the United States. Prior to 2005, the period of protection for literary, dramatic, musical and artistic works was life of the author plus 50 years. The period of protection was extended as a result of the US Free Trade Agreement Implementation Act 2004 (Cth), which required that Australia extend the period of protection to bring it into line with the United States’ provision on duration (i.e. the life of the author plus 70 years).