Re: Photographs

>On Fri, 22 Mar 1996, Michael Lean wrote:
>>
>> Would some kind person please advise me as to the duration of copyright
>> in photographs originally published in the United States? We're trying
>> to get permission to use a picture of Harry Houdini probably taken and
>> published around 1920.

Terry Carroll responded:
>
> I should also point out that, as you requested, the above analysis
> describes U.S. law. You're posting from Australia. Under the principle
> of "national treatment," if you're considering publication in Australia,
> it will be Australian copyright law, rather than U.S. copyright law,
> that most concerns you.

In Australia, photographs taken before 1 May 1969 (commencement of the current Copyright Act), copyright expires 50 years after the expiration of the calendar year in which the photograph was taken.

   http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s212.html

If it was taken in 1920, then the photograph is in the public domain as of 1 Jan 1971.

For photographs taken after 1 May 1969, the duration is 50 years after the year of first publication otherwise indefinite.

   http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s33.html

Tim Arnold-Moore, LL.B. (Melb)      | Multimedia Database Systems, CITRI  |
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