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Copyright
Copyright protection in Australia is automatic and covers both published and unpublished materials. This includes most of the materials in Manuscripts Queensland. In some materials, such as unpublished letters and diaries, copyright can last forever, or if published, copyright protection can be based on the date of publication or the date of death of the creator. Other materials such as photographs, works of art and films have varying periods of copyright protection.
The Copyright Act 1968 allows for the copying of limited portions of some in-copyright material for research and study. Under these “fair dealing” provisions, a reasonable proportion of an item in copyright can be copied without the need for permission from the copyright owner, for purposes such as research and study, criticism or review, reporting the news, and giving legal advice.
When fair dealing provisions do not apply and a more substantial part of an item from Manuscripts Queensland is required to be published or reproduced, a user must take the following actions:
- Find out if the item is in copyright. (This information appears on the finding aid.)
- If the item is in copyright, obtain permission from the copyright owner. (State Library can provide general advice on how to obtain such permission.)
- Complete an Application to reproduce form, on which the user will undertake to acknowledge the State Library of Queensland and cite the material. (It is the responsibility of the user to get permission before publishing or reproducing copyright material.)
The Library Board of Queensland is the copyright owner of the finding aids in Manuscripts Queensland. Permission is granted for users to copy any finding aid for the purposes of research and study.
Please note that this information does not constitute legal advice. To obtain legal advice on copyright, consult a lawyer or contact the Australian Copyright Council [new window www.copyright.org.au]
Moral rights
Further legal protection of material in Manuscripts Queensland is found in amendments to the Copyright Act 1968 which require the attribution of moral rights in a clear and prominent way when material is:
- Reproduced (making copies, recording scanning)
- Published (made public for the first time)
- Exhibited in public
- Communicated (by website, broadcasting, faxing or emailing)
- Adapted (translated, adapted from literary to dramatic work, arranged)
More information
If you have an enquiry, you can contact us in any of the following ways:
Last updated: 5th February 2008
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