When don't I need a licence?
Once copyright in an artwork has expired, it is in the public domain and can be used by anyone without copyright clearance or permission.
The Copyright Act also allows for the use of copyright material without the permission of the copyright owner under certain exceptions. This is when the use is a ‘fair dealing’, and for the purpose of research and study, criticism or review, parody or satire, or reporting the news. For more information on fair dealing click here.
The Australian Copyright Act contains provisions that also allows certain uses of content without a copyright clearance, subject to fair payment. These provisions are known as statutory licences.
If your proposed use is not covered by any of the fair dealing provisions or a statutory licence, you need permission for the use. If you are unsure you should seek legal advice otherwise you risk infringing copyright.
You will still need to observe moral rights obligations, such as attributing the work correctly and maintaining the integrity of the work.