Copyright Expiration in Australia - Public Domain Photos Before 1955

Public Domain Photos Before 1955

• Photographs taken before 1955 are now in the public domain
• Photographs taken since 1955 will not be in the public domain for at least 20 years unless under crown copyright which expires 50 years after first publication.

Any Australian photo, published or unpublished, anonymous or attributed, taken before 1 January 1955 is out of copyright and in the public domain. The Australian Copyright Council is quite specific and unambiguous in regard to copyright law on photographs taken prior to 1 January 1955:

"If photographs were taken prior to 1 January 1955, copyright has now expired."

"The duration of copyright in photographs has changed significantly as a result of Australia implementing its obligations under the Australia-US Free Trade Agreement (AUSFTA). New rules have been introduced to determine the duration of photographs that were still protected by copyright on 1 January 2005 or that were taken after that date. These rules came into effect on 1 January 2005:

"For photographs which were still in copyright on 1 January 2005, or which were created on or after that date, copyright now lasts until 70 years from the end of the year the photographer died.

"If the photographer is unknown or used a pseudonym, duration continues indefinitely until the photograph is published. Once it is published, duration will then last until 70 years from the end of the year in which it was published

"All photographs taken before 1 January 1955 are now out of copyright and do not benefit from the new rules.".