State Archives Collection copyright & research guide
Outlines how copyright affects your use of State archives. It provides only general information and should not be used as legal advice.
More detailed information on copyright can be obtained from the Australian Copyright Council.
What is Copyright?
Copyright is the right of a person or organization - the copyright holder - to control the reproduction and use of a range of works including written material (such as letters and documents), musical works, artistic works, films and broadcasts.
Copyright also protects the right to communicate a work to the public, including publication, posting material on a web site and e-mailing material to the public.
The rights of copyright holders are contained in the Copyright Act 1968 (Commonwealth). How the Act has been interpreted also provides a basis for the way the law is applied.
Ownership of copyright in State archives
The Government of New South Wales owns the copyright in a majority of records held as State archives. Copyright in State records produced by public servants, and in many cases individuals and companies contracted by the NSW Government, is held by the NSW State Government not by the individual author.
The NSW State Government does not hold the copyright in State archives provided by private individuals (such as letters) and other governments.
How we provide copies
We provide you with copies of records only for the purpose of research or in order for you to seek permission to publish from the copyright owner.
The fee you pay for copying material in our collection is only a copying fee. Accepting payment of the fee is not an approval to publish or use the material for anything but research or study.
Frequently Asked Questions
Further reading
See the Information Sheets on the Australian Copyright Council website.
They cover a range of topics, including:
- Photographers and copyright
- Duration of copyright protection
- Quotes and extracts: copyright obligations
- Family histories and copyright
- Owners of copyright: how to find
- Copying for research or study
- Government and copyright
- Digital Agenda amendments: an overview
Extension of protection period for non-government copyright
From 1 January 2005 the protection period for non-government owned copyright was extended to a period of 70 years. The extended protection period does not revive copyright in material where the copyright expired before 1 January 2005.
General guide to copyright protection periods
There are many categories of works with varying durations of copyright protection. The list below provides some examples that most affect your use of our records. You should consult the Copyright Act or the Australian Copyright Council for more information.
The period of protection continues to the end of the year in which the copyright expires.
Type of material | Protection period |
|---|---|
Government owned copyright in: | |
Literary works (includes written material) Dramatic works Musical works | 50 years after the calendar year in which it was made |
Artistic works (except engravings) | 50 years after the calendar year in which it was made |
Photographs Made before 1 May 1969 Made after 1 May 1969 | 50 years after the calendar year in which it was made |
Non-Government owned copyright in: | |
Literary works Dramatic works Musical works Published or performed before the author's death Artistic works Photographs | Copyright expired by 1 Jan 2005 if creator died before 1 Jan 1955 If still in copyright on 1 Jan 2005 then 70 years after the the year in which the author died |