Commons:Urheberrechtsregeln nach Gebiet/Australien

Urheberrechtsregeln: Australien Kürzel: COM:AUSTRALIEN
Schutzfrist
Standard	70 Jahre p. m. a.
Anonym	Veröffentlichung + 70 Jahre
Regierung	Erstellung + 50 Jahre
Andere
Abkommen
Berner Übereinkunft	14. April 1928
Welthandelsorganisation-Mitglied	1. Januar 1995
URAA-Wiederherstellungsdatum‌*	1. Januar 1996
WIPO-Urheberrechtsvertrag	26. Juli 2007
*‌Ein Werk ist in der Regel in den USA geschützt, wenn es sich um eine Art von Werk handelt, das in den USA urheberrechtsfähig ist, nach 31 December 1928 veröffentlicht wurde und im Ursprungsland am URAA-Datum geschützt ist.

This page provides an overview of copyright rules of Australia relevant to uploading works into Wikimedia Commons. Note that any work originating in Australia must be in the public domain, or available under a free license, in both Australia and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Australia, refer to the relevant laws for clarification.

Geltende gesetzliche Bestimmungen

Australia has been a member of the Berne Convention since 14 April 1928, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 26 July 2007. As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act 1968 (consolidated as of December 22, 2017) as the main IP law enacted by the legislature of Australia. WIPO holds the text of this law in their WIPO Lex database. WIPO also holds the text of the individual acts that have modified the 1968.

Non-government works

The Australian Copyright Act 1968 was amended as of the 1st January 2005 and further amended in February 2008. Prior to these amendments the time limit was 50 years. The amendments were not retroactive, copyrights that had expired were not revived. Under the Copyright Act 1968 (consolidated as of December 22, 2017),

• Australian copyright is applied to works published first in Australia or whose original author is/was an Australian citizen, Australian resident or person under protection of the Australian government.
• Subject to this section, copyright that subsists in a literary, dramatic, musical or artistic work by virtue of this Part continues to subsist until the end of 70 years after the end of the calendar year in which the author of the work died.^{[1968–2017 Sec.33(2)]}
• For posthumous works, copyright subsistsd until the end of 70 years after the end of the calendar year in which the work is first published, performed in public, or broadcast, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.^{[1968–2017 Sec.33(3)]}
• For anonymous or pseudonymous works, the copyright expires 70 years after the first publication of the work.^{[1968–2017 Sec.34]}

Following this logic:

• All published works whose author deceased before 1 January 1955 are in the public domain.
• What is more, since works that went out of copyright before the change of the law in 2005 did not regain copyright, all published works whose author died before 1 January 1955 are public domain, as they went out of copyright before the new law came into effect. Copyright is lost at the start of the next year, so works of authors who died in 1955 will not be out of copyright until 2026.
• All anonymous/pseudonymous works published before 1 January 1955 are in the public domain.
• Unpublished works are not in the public domain.
• Photographs (published or unpublished) taken before 1 January 1955 are in the public domain.

Government-produced works

Under the Copyright Act 1968 (consolidated as of December 22, 2017),

• The Commonwealth or a State is the owner of the copyright in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or the State, as the case may be.^{[1968–2017 Sec.176(2)]}
• Copyright in a literary, dramatic or musical work of which the Commonwealth or a State is the owner ... (a) where the work is unpublished—continues to subsist so long as the work remains unpublished; and (b) where the work is published—subsists, or, if copyright in the work subsisted immediately before its first publication, continues to subsist, until the expiration of 50 years after the expiration of the calendar year in which the work was first published.^{[1968–2017 Sec.180(1)]}

Lizenzvorlagen

Abkürzung

• COM:TAG Australia

Siehe auch: Commons:Lizenzvorlagen

• {{PD-Australia}} – for Australian photographs published 70 years after the death of the creator, or photographs taken prior to 1955
• {{PD-Australia-currency}} – for coins designed before 1 May 1969
• {{PD-AustraliaGov}} – for government works whose copyright has expired

Währung

Abkürzung

• COM:CUR Australia

Siehe auch: Commons:Währung

 Nicht OK for coins or banknotes designed on or after 1 May 1969.
OK for coins or banknotes designed before 1 May 1969, but under the following conditions: Derivative works of images of banknotes are expressly forbidden. Low resolution images of banknotes are allowed for editorial or educational purposes, as long as only one side of a bank note is featured. See website for details of exact size requirements for images.

Designs from prior to 1 May 1969 are in the public domain, and should use the tag {{PD-Australia-currency}}.

• Reserve Bank of Australia - Reproducing banknotes
• Royal Australian Mint - Using coin designs

Panoramafreiheit

Abkürzung

• COM:FOP Australia

Siehe auch: Commons:Panoramafreiheit

• OK for sculpture "that is situated, otherwise than temporarily, in a public place, or in premises open to the public": {{FoP-Australia}}
• OK for buildings and models of buildings: {{FoP-Australia}}
• OK for "works of artistic craftsmanship" such as ceramics, embroidery, metal smithing, woodworking, crafted glass, and jewellery "that is situated, otherwise than temporarily, in a public place, or in premises open to the public": {{FoP-Australia}}
•  Not OK for: paintings, drawings, engravings or photographs.

Freedom of Panorama is dealt with in the Australian Copyright Act, sections 65–68, and is based on the laws of the United Kingdom. See COM:CRT/United Kingdom:Freedom of panorama for more details. Jane FitzGerald of the Australian Copyright Council wrote an essay in September 1997 on “Work of artistic craftsmanship” under Australian law, which may be relevant, although it pre-dates the 2017 version of the Act.

Briefmarken

Siehe auch: Commons:Briefmarken

Australia Post claims copyright ownership of Australian stamps for 50 years from publication (http://www.caslon.com.au/ipguide24.htm). The stamps published before 1 January 1974 can be tagged with {{PD-Australia}}.

Schöpfungshöhe

Abkürzung

• COM:TOO Australia

Siehe auch: Commons:Schöpfungshöhe

 Nicht OK for most logos. The level of originality required for copyright protection in Australia is very low. Images showing the en:Australian Aboriginal Flag have been consistently deleted from Commons, since an Australian court has ruled that the flag is copyrighted. E.g.

• Commons:Deletion requests/Image:Flag of the Australian Aborigines.svg,
• Commons:Deletion requests/File:Flag of Australia with Aboriginal flag replacing Union flag.svg,
• Commons:Deletion requests/File:Austr.Aborig.png,
• Commons:Deletion requests/File:Black and red flag with yellow disc variations.gif).

Siehe auch

• Australia
• Category:Australian FOP cases
• Category:License tags of Australia
• Category:Stamps of Australia
• Commons:Urheberrechtsregeln nach Gebiet/Vereinigtes Königreich

Zitate

Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. Siehe auch: Commons:Allgemeiner Haftungsausschluss