If you wanted to use an image, or other material that was still in copyright, you’d need to contact the copyright owner Current copyright legislation says that copyright for literary, dramatic and musical works last for 70 years from the death of the creator, 70 years from the publication of sound recordings and films. In addition to this you have moral rights
Copyrights can be handed on to subsequent holders
MORAL RIGHTS Moral rights give certain creators and performers the right: to have their authorship or performership attributed to them; not to have their work falsely attributed to someone else; and not to have their work treated in a derogatory way
REQUESTS FOR PERMISSION Contact the copyright holder
South Australian Red Cross Information Bureau
SRG 76/1/61/6 SRG 76/1/243/3
Libraries like SLSA hold masses of in-copyright material, bought or donated for public use, for which copyright holders can no longer be identified because of the passage of time.
Archival material is particularly difficult. It remains in-copyright unless it is published (with the copyright holder’s permission). Copyright in the material passes from one generation to the next through the disposition of estates. It may or may not pass to every member of subsequent generations, depending on the nature of a will.
SLSA, other NSLA libraries and other cultural institutions are beginning to take a risk management approach to releasing some categories of in-copyright material online where there is no applicable exception in the Copyright Act.
The Centenary of ANZAC is a case in point. SLSA is preparing to release thousands of letters written by members of the public during the First World War to the Australian Red Cross and subsequently donated to SLSA by the Red Cross. The vast majority are still in copyright, having never been published, and the task of tracking copyright holders through at least four generations over 100 years is simply unaffordable.
On the other hand, it is almost certain that descendants of the letter writers will be thrilled to discover that we have put the material online, and we will welcome discussion with anyone who has concerns.
Copyright + social media + archival collections
Copyright + Social Media +
Tues 29 April, 2014, 5:30pm,
• Breach of copyright is serious.
• Even if you don’t ‘believe’ in copyright, it is a civil offence.
• There are criminal provisions for commercial-scale
• SLSA has identified over 100,000 images in its online
catalogue as being out of copyright
• Added the Creative Commons’ Public Domain mark
• Working on applying the CC-BY license to in-copyright images
and other online collections
• Creative Commons search page is a great place to start when
looking for material you can reuse
In copyright. Astor Hotel, ca. 1990. SLSA, B70869/18613
Out of copyright. Perseverance Hotel (now the Astor Hotel), ca. 1927. SLSA, B4265
• Copyright owners
• Moral rights
• Requests for permission
SLSA PRG 280/1/6/109
• Who owns the copyright for these letters?
• Record keeping
• Take down notices
SLSA B 47072/45
• Copyright tag bundle on Delicious
• Creative Commons Australia
• SLSA – Copyright & our collections
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