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I am working with a group of people at Dardanup in Western

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I am working with a group of people at Dardanup in Western Australia who have planned an activity intended to celebrate the centenary of the 25th Light Horse Regiment camp held at Crooked Brook near Dardanup in 1913. As part of that activity they have produced a booklet containing extracts from articles that appeared in local newspapers at that time detailing the times, events and personnel involved in the camp. All the articles and extracts are clearly labelled with the source of the information. There are also a couple of sentences from a local diary written by a resident at that time verifying the presence of the camp. The booklet is in the final stages and ready to print but has been held up by the local Council supporting the activities, in fear that the materials reproduced breach copyright laws.

Can you tell me what the situation is with copyright of articles produced in newspapers at that time (ie 1913) -- so that the Council can be assured of the legitimacy of the publication?

I've looked at a number of summaries of copyright material and believe that both the 70 years restriction and the concept of 'fair dealing' apply to the material. it seems to me the newspapers articles particularly, that have no author identified, would have entered into the public domain in 1983 -- and there appear to be no other circumstance that would extend the copyright restrictions for another thirty years.

I have also contacted the West Australian newspaper under whose banner two of the 1913 newspapers 'belong' and have received from that source express written authority to use the material. The way I see it, the local Council has little to worry about.

I would appreciate your views on this matter.

Yours sincerely,

Barry Bamford PhD
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

I'm happy to wait.


 


BEB

Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, Barry. We will continue the search for a Professional for you.
Expert:  LawHelpNow replied 1 year ago.

Hello Dr. Bamford,


My name isXXXXX'm a licensed attorney. Glad to try and help out.

I'm pleased to share the following information with you.

Good news. Yes, I agree you folks have little (actually nothing) over which to be alarmed or concerned. In other words, I believe you can indeed reassure the local Council, as follows. Copyright, in terms of the scope thereof, is defined by the Australian Copyright Act 1968, as amended. (There are certainly other enactment, such as the Copyright Amendment Act 2006, but speaking broadly there's no need to go into great depth.) Here's the botXXXXX XXXXXne. Your understanding is indeed correct, in that for published works such as you've described, these items are long (decades) out of copyright. You're also right to mention the concept of "fair dealing" (spoken of as of "fair use" in other jurisdictions). However, that's a secondary argument or fall back position, so to speak, and you need not even get there. Meaning, with these items being so clearly and so long out of copyright, while fair dealing is certainly a logical and relevant defense against a potential claim of infringement, it doesn't even need to be raised given the application of a proper counting of the 70 year period. So, what it boils down to it that you're quite safe, indeed, and I fail to see any cause for alarm or concern.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you and that the event is a smashing success!


Take care,


Ben, J.D.

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