Government Publications
Protection | Ownership | Rights of Copyright Owners | Duration | Using Literary Works | Government Use of Copyright Material | Attribution | Related Topics | More Information
Protection
Although not a type of work or subject matter, there are specific rules about the ownership, duration and allowable uses of government material. Government publications can be any type of literary, dramatic, artistic, or musical work or sound recording, film or television broadcast.
Ownership
Copyright in material created or published by (or under the direction or control of) the Commonwealth, State or Territory Governments is owned by that government, unless otherwise agreed. This includes material created by employees and volunteers. Copyright in material created by contractors or under commission is also owned by the government unless otherwise agreed. Government departments are not able to own their own copyright; instead, it is held by the Crown.
Where research has been funded by a government grant, the government may owns copyright in the research output. This depends on how direct the government’s involvement was on the particular project and the contract under which the grant was issued; e.g. ARC grants. For more information see Melbourne Research Office for information about 'research contracts' and 'managing IP'.
Rights
The Crown, as the copyright owner in government publications will have specific exclusive rigths depending on the type of work:
Creators of government publications will also have moral rights.
Duration
Made before 1 May, 1969 |
Made after 1 May 1969 |
Remained Unpublished |
Copyright Expired If... |
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|---|---|---|---|---|
Literary, Dramatic, & Musical Works |
Year of first publication + 50 years | Year of first publication + 50 years | Lasts indefinately or until the material is published. | Material was published more than 50 years ago. |
| Engravings & Photographs | Year created + 50 years | Year of first publication + 50 years | Lasts indefinately or until the material is published. | Material was created more than 50 years ago. |
| All other Artistic Works | Year created + 50 years | Year created + 50 years | Lasts indefinately or until the material is published. | Material was created more than 50 years ago. |
| Film | If regarded as a dramatic work, see above. If not regarded as a dramatic work, year created + 50 years | Year of first publication + 50 years | Lasts indefinately or until the material is published. | If the material is regarded as a dramatic work - material must have been first published more than 50 years ago. |
| Sound Recordings | Year of first publication + 50 years | Year of first publication + 50 years | Lasts indefinately or until the material is published. | Material was published more than 50 years ago. |
| Broadcasts | Not protected by copyright | Year created + 50 years | Lasts indefinately or until the material is published. | Material was created more than 50 years ago. |
| Published Editions | Year of first publication + 25 years | Year of first publication + 25 years | N/A | Material was published more than 25 years ago |
Using Literary Works
You can use (e.g. reproduce, publish, communicate online, etc.) a government publication if:
- Copyright in the work has expired.
- You are using an insubstantial portion.
- You have an express licence to use the work, e.g. a contract, web site conditions, copyright owner has explicitly waived copyright, you have soughts permission from the government, etc.
Additionally, there are provisions in the Copyright Act that allow government publications to be used for specific purposes such as:
| Educational Purposes | |
|---|---|
You may be able to use government material for online course readings, course packs, showing material in class, etc. It will depend on the type of material you wish to use and the limits and restrictions that relate to that type of material: |
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| Knowledge Transfer |
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| To use material in your research, writing essays for assessment, writing & researching theses, etc. | To use material for public events, publications, public facing web content, etc. | To reproduce material for your own, personal use. | This provision can be used for research, publishing, conferences and a variety of other purposes. | For other uses you will generally need to seek permission from the copyright owner to use material. |
Government Use of Copyright Material
There are special provisions in the Copyright Act for the government to make use of copyright material; for more information refer to Australian Copyright Council Information Sheet G62 Governments (Commonwealth, State & Territory) or Contact the Copyright Office.
Attribution
It is important that the source of the material and the 'moral rights' of the copyright owner are acknowledged and properly attributed.
There is not set style which is preferred to acknowledge a creator under moral rights however, in some cases a creator or copyright owner will provide their preferred acknowledgement style. If this happens then you are obliged to acknowledge the material in the prescribed way. In all other cases, you may decide on which acknowledgement style you wish to use.
For government material it will depend on the type of material you are using:
If the copyright owner is unknown, indicate 'Copyright owner unknown. All reasonable attempts made to identify. If you are the copyright owner or know who they are then please advise us'.
For more information on attributing see:
- Referencing - a webpage from the Language & Learning Skills Unit .
- Citation Styles within the University
- Academic Honesty and Plagiarism
- Endnote - software for managing references and creating bibliographies. Available for students and staff to download.
Related Topics
More Information
Content updated 26/08/09 BW