Template talk:PD-Australia/en

Renumber the notes

• {{Edit request}}

Please renumber the notes. Right now, note #3 appears at the very top, note #1 appears in option D, and note #2 appears in option E. They ought to be numbered in order, so #3 should become "1", #1 should become "2", and #2 should become "3". This will also entail rearranging them at the bottom of the page. 122.150.71.249 21:14, 5 January 2022 (UTC)

 Done NguoiDungKhongDinhDanh 21:32, 5 January 2022 (UTC)

Automatically update the years

{{Edit request}}

Please change 1955 to {{max|1955|{{#expr:{{CURRENTYEAR}}-70}}}}. 2026 isn't that far in the future! It would also be good to add dates to sections D and E. I suggest adding to them as follows: make section D say first published more than 25 years ago (prior to '''{{date|{{#expr:{{CURRENTYEAR}}-25}}|01|01}}''') and section E say taken or published more than 50 years ago (prior to '''{{date|{{#expr:{{CURRENTYEAR}}-50}}|01|01}}'''). —CalendulaAsteraceae (talk • contribs) 01:12, 10 October 2022 (UTC)

@CalendulaAsteraceae, I have made your proposed edits in the sandbox. Please review them there and if they look as you intended, ping me and I'll implement them on the real template. Thanks! Josh (talk) 16:06, 21 June 2024 (UTC)

@Joshbaumgartner, looks great! —CalendulaAsteraceae (talk • contribs) 22:16, 21 June 2024 (UTC)

@Joshbaumgartner and CalendulaAsteraceae:  Done --Jarekt (talk) 03:50, 5 July 2024 (UTC)

Remove statement

{{Edit request}}

Please remove the statement "When using this template, please provide information of where the image was first published and who created it." Publication date is not relevant to Australian images. Hawkeye7 (talk) 19:44, 25 February 2023 (UTC)

@Hawkeye7 Several of the conditions listed in the table (A, D, and E) specifically refer to publication dates as a basis for determining eligibility, which would seem to go against what you are claiming here. Do you have a citation to indicate that these conditions are no longer valid, and if so, wouldn't that mean the condition list needs to be updated as well? Josh (talk) 15:57, 21 June 2024 (UTC)

The law was changed. Provisions regarding publication were removed, thereby simplifying the process of determining when copyright expired. See [1]. This closed a loophole whereby some literary works would never have entered the public domain. Hawkeye7 (talk) 19:14, 21 June 2024 (UTC)

That is unfortunately not the case, as far as I can tell. It is true that publication date matters a lot less, and in the case of photographs, currently not at all, but that will change. The current clause in their law is in Article 33, and has a table.

The term for anonymous works of all types is still partly based upon publication, and there are grandfather rules for works which remained unpublished for a long time (even those with known authors), but did get published before 2019.

For works first published 2019 and later, the issue is primarily anonymous works -- they are 70 years from publication usually, though if not published within 50 years of creation (and the author does not become known within those 70 years), the term is 70 years from creation. So it can matter if a work was created one year, but only published years later (as long as it's less than 50). In the EU, anonymous works are 70 years from publication unless not published within 70 years of creation, in which case the term is 70 years from creation. Australia is similar, except they only give 50 years for a work to be published before the term becomes based on date of creation. (As an aside, if the author becomes known before those 70 years, it changes to 70pma regardless of when created or published.)

For some types of works, including photographs created 1955 and later, Australia had an infinite copyright on unpublished works. That ended in 2019. Works which were posthumously published, but still before that 2019 date, still get a term of 70 years from publication (longer than 70pma). Anonymous works published before 2019 also get that term, even if it was long after creation -- the 50 year cutoff does not apply to those. So publication date matters here as well, to know if publication happened before or after the 2019 cutoff. The U.S. has a somewhat similar situation, where the cutoff was 2003 -- works created before 1978, but only first published between 1978 and the end of 2002, have a grandfathered copyright that will last until at least 2048.

As for photographs, currently ones made before 1955 are public domain, ones after are copyrighted. However starting in 2026, it will be possible for Australian photographs to expire again. For those, the two above clauses can come into play -- they apply to photographs same as other types of work. So, publication date will matter for 1955+ photographs.

Australia does use the term "made public" which would also include things like broadcast and public display, not strict "publication", but that "made public" date does matter in certain cases. While it does not matter right now for photographs, since those cases are moot until 2026, this template covers more types of works than just photographs (and they will become pertinent for photographs too in less than two years). And while strictly speaking it's not part of this tag, publication date can matter to know when a work expires in other countries (especially the U.S.), even when it doesn't matter at all in Australia. Carl Lindberg (talk) 02:14, 22 June 2024 (UTC)

@CalendulaAsteraceae: Are you able to comment on whether Hawkeye7 is correct in their assertion, and whether or not the proposed change is correct to make? Josh (talk) 16:08, 21 June 2024 (UTC)

@Joshbaumgartner, I'm afraid I don't know. —CalendulaAsteraceae (talk • contribs) 22:17, 21 June 2024 (UTC)

@Hawkeye7  Not done per Carl Lindberg --Jarekt (talk) 03:55, 5 July 2024 (UTC)