Images on the State Library of Western Australia website and catalogue database may be saved or printed for research or study.

If you would like a high quality digitised image or photographic print for private research or use, please complete the Imaging Services Order Form. The completed form can be faxed to Pictorial Public Orders on +61 8 9427 3256 or emailed to pictorial.orders@slwa.wa.gov.au. Alternatively, you may enclose a payment and post the form to:

Pictorial Public Orders
Client Services
State Library of Western Australia
25 Francis Street
PERTH WA 6000
Ph: +61 9427 3450

To reproduce a picture in a book, website, merchandise (e.g. calendar), film or in any other format you will need to obtain written permission from us. Please note that a reproduction fee may be payable (refer to the Imaging Services Order Form). To obtain a high quality digitized image or photographic print for publication or display complete the Imaging Services Order Form and send, fax or email the form with your payment.

For images still in copyright, you will need to obtain clearance from the copyright holder to reproduce them. We will need to receive the copyright clearance in print format before we can supply the photograph. Pictorial Collection staff will determine the copyright status and supply contact details of a copyright contact for you to seek permission. Staff cannot arrange copyright clearance for you.

All orders must be pre-paid. Orders take 15 working days from receipt of form and payment to be processed. When completed, your order can be collected from the 3rd floor reference desk or posted to you free of charge.

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 available online are in copyright and thus protected by the Copyright Act of the Commonwealth of Australia or by international copyright conventions. Basic information about the duration of copyright is provided on this page. You may also want to contact copyright collecting agencies such as VI$COPY, the Visual Arts Collecting Society, or visit the World Wide Web site of the Copyright Agency Limited for more information on copyright.

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

Copyright is the exclusive right to:

• reproduce a work in material form
• publish a work including in electronic form
• include a work in a television program or motion picture.

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 is normally the owner of the newspaper or magazine.
• If the artist or photographer is commissioned by another person to paint a work or take a photograph, that other person is the copyright owner (unless overruled by contract), not the artist or photographer.
• In the case of photographs taken prior to 1969, the photographer is normally the copyright holder.

Duration of copyright

The Australian Copyright Act defines a variety of materials with different copyright protection. Those that pertain directly to the Battye Library's Pictorial Collection are as follows:

• 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 prints.
• 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.
• 50 years from making
  • Photographs taken before 1 May 1969.
  • Artistic works (other than engravings and other prints) in which the Crown owns copyright.
• Period of protection in country of origin
  • Materials not made or published in Australia.