Comparison With American Copyright Law
- Works published outside the United States before 1978 without compliance with US formalities that are in the public domain in their home country as of 1 January 1996 are in the public domain in the United States.
American Fair Use entitles the use of copyrighted material in articles directly about the copyrighted material, for such uses as parody or critique. A question has arisen as to what the status of copyright law is for material which is loaded onto an American site, from Australia, whether it falls under Australian or American copyright law. It has been regarded that images in the public domain in Australia are not necessarily so in the U.S. An image being in the public domain in Australia may not necessarily imply that it is in the public domain in the U.S.
The DMCA contains the following text which seems to imply that the US does not protect copyright once it has lapsed in its home country:
Restoration of Copyright Protection Both treaties require parties to protect preexisting works from other member countries that have not fallen into the public domain in the country of origin through the expiry of the term of protection. A similar obligation is contained in both the Berne Convention and the TRIPS Agreement.
Read more about this topic: Copyright Expiration In Australia
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