Copyright & Reproduction
Images in this database are provided for research purposes only and cannot be reproduced without the prior consent of the State Library of Tasmania.For reproduction, copies of the images can be ordered directly from the State Library of Tasmania. In addition to processing costs, a reproduction fee may be imposed and, if it is, must be paid before publication is authorised. If the image is still in copyright, clearance must also be requested from the copyright holder before any use is made of the image. The State Library must receive the copyright clearance in print format (a fax is acceptable) before an order is processed.
For more information, please contact:
Heritage Collections
State Library of Tasmania
91 Murray Street, Hobart, Tasmania 7000
Telephone: (03) 6233 7474 or (03) 6233 7106
Fax: (03) 6233 7902
e-mail: heritage.collections@education.tas.gov.auIt is the responsibility of the requester to obtain clearance from the copyright holder. The State Library will assist you in determining the copyright status as well as finding the name and contact details of a copyright holder if the information is available in-house.
Copyright Law
The copyright law is very complex and constantly evolving. The information in this document is provided as guidance only and does not constitute expert or legal advice. If in doubt, always assume that a work is in copyright and seek legal advice before reproducing it.A proportion of the works catalogued in the State Library's "Images from the Heritage Collections" are in copyright and thus protected by the Copyright Act of the Commonwealth of Australia or by international copyright conventions.
The Copyright Act is applicable if a work was created or first published in Australia or if the copyright owner was an Australian resident or a person resident in Australia at the time of creation. Works created overseas are protected by international copyright agreements of which Australia is part. The information supplied in this document applies to Australian materials. Copyright protection may differ in other countries.
Definitions
Copyright is the exclusive right to:
Reproduce a work in material form
Publish a work (exhibition is not considered to be a form of publication but an electronic publication is)
Include a work in a television program
Ownership of Copyright
In Australia, the artist or photographer owns the copyright in their work with the following exceptions:
If the artist or photographer is employed by a newspaper or magazine under contract of service, the owner of the copyright varies. Please contact the State Library for more information.
If the artist is commissioned by another person to take a photograph or paint a work, that other person is the copyright owner (unless overruled by contract), not the artist.
Duration of copyright
The Australian Copyright Act defines a variety of materials with different copyright protection. Those that pertain directly to the State Library's "Images from the Heritage Collections" are as follows:
1. Life of author plus 50 years
Engravings and other prints published during the author's lifetime
Artistic works other than photographs and engravings and other prints2. 50 years from first publication
Engravings and other prints first published after the author's death or in which the Crown owns copyright;
Photographs taken after 1 May 1969. An unpublished photograph holds copyright in perpetuity
3. 50 years from making
Photographs taken before 1 May 1969
Artistic works (other than engravings and other prints) in which the Crown owns copyright4. Period of protection in country of origin
Materials not made or published in Australia
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