Understanding Copyright Basics
Copyright is a legal right granted to the creators of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. This right protects the expression of an idea, not the idea itself. In Australia, copyright is governed by the Copyright Act 1968.
Copyright protection is automatic in Australia. This means you don't need to register your work for it to be protected. As soon as you create something original and fix it in a tangible form (e.g., writing it down, recording it, painting it), it's automatically protected by copyright.
What Can Be Copyrighted?
Copyright protection extends to a wide range of creative works, including:
Literary works: Books, articles, poems, computer programmes, and song lyrics.
Dramatic works: Plays, screenplays, and dance choreography.
Musical works: Songs, compositions, and musical scores.
Artistic works: Paintings, sculptures, photographs, drawings, and architectural works.
Films: Movies, documentaries, and video clips.
Sound recordings: Audio recordings of music, speech, or other sounds.
Broadcasts: Television and radio broadcasts.
Who Owns the Copyright?
Generally, the creator of the work owns the copyright. However, there are exceptions:
Employees: If a work is created by an employee in the course of their employment, the employer usually owns the copyright.
Commissioned works: If a work is commissioned (e.g., a photographer is hired to take photos), the copyright ownership depends on the agreement between the parties. It's crucial to have a written agreement clarifying who owns the copyright.
Joint authorship: If a work is created by two or more people collaboratively, they are joint owners of the copyright.
Duration of Copyright
The duration of copyright protection varies depending on the type of work and when it was created:
Literary, dramatic, musical, and artistic works: Generally, copyright lasts for the life of the author plus 70 years after their death.
Films and sound recordings: Copyright generally lasts for 70 years from the year of first publication.
Broadcasts: Copyright generally lasts for 50 years from the year of first broadcast.
Protecting Your Intellectual Property
While copyright protection is automatic, there are steps you can take to further protect your intellectual property and make it easier to enforce your rights.
Copyright Notice
Although not legally required in Australia, including a copyright notice on your work can be a useful deterrent. A copyright notice typically includes the copyright symbol (©), the year of first publication, and the name of the copyright owner. For example: © 2023 Mountainlion. Learn more about Mountainlion.
Watermarking
Watermarking is a technique used to overlay a logo, text, or other identifying mark onto an image or video. This can help prevent unauthorised use of your work and make it easier to track down infringers.
Registering Your Work (Not Copyright)
In Australia, there is no official copyright registration system. Copyright protection is automatic. However, for other types of intellectual property, such as trademarks and patents, registration is essential. Our services can help you understand the best approach for protecting your intellectual property.
Using Contracts and Agreements
When working with others, such as employees, contractors, or collaborators, it's essential to have clear written contracts and agreements that specify who owns the copyright in the works created. This can help avoid disputes later on. Ensure your contracts are reviewed by a legal professional specialising in intellectual property law.
Monitoring for Infringement
Regularly monitor the internet and other sources to check for unauthorised use of your work. There are various tools and services available that can help you track down infringements. If you find evidence of infringement, take appropriate action to enforce your rights.
Fair Use and Exceptions to Copyright
Copyright law includes certain exceptions that allow for the use of copyrighted material without permission from the copyright owner. These exceptions are often referred to as "fair use" or "fair dealing." It's important to note that the specific exceptions and their limitations vary depending on the country.
In Australia, the Copyright Act 1968 provides for fair dealing for specific purposes, including:
Research or study: Using copyrighted material for research or study purposes is generally permitted, provided the use is "fair." Factors considered include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the copyrighted work.
Criticism or review: Using copyrighted material for the purpose of criticism or review is permitted, provided sufficient acknowledgement of the source is given.
Parody or satire: Using copyrighted material for parody or satire is permitted, provided the use is "fair." This exception allows for the creation of humorous or critical works that imitate or comment on copyrighted material.
Reporting news: Using copyrighted material for the purpose of reporting news is permitted, provided the use is "fair" and sufficient acknowledgement of the source is given.
Educational purposes: Specific provisions exist for educational institutions to use copyrighted material for educational purposes, subject to certain conditions and limitations.
It's crucial to understand the specific requirements and limitations of these exceptions to avoid infringing copyright. If you're unsure whether your use of copyrighted material falls within an exception, it's best to seek legal advice.
Dealing with Copyright Infringement
Copyright infringement occurs when someone uses a copyrighted work without permission from the copyright owner. This can include copying, distributing, adapting, or publicly performing the work.
Identifying Infringement
The first step in dealing with copyright infringement is to identify the infringing activity. This may involve monitoring the internet, conducting searches, or receiving reports from others. Gather as much evidence as possible to support your claim of infringement.
Taking Action
Once you've identified infringement, you can take several actions to enforce your rights:
Cease and desist letter: Send a formal letter to the infringer demanding that they stop the infringing activity. The letter should clearly identify the copyrighted work, the infringing activity, and the legal basis for your claim. It should also specify a deadline for the infringer to comply.
Negotiation and settlement: Attempt to negotiate a settlement with the infringer. This may involve licensing the work to the infringer, agreeing to a payment for past infringement, or obtaining a commitment to cease the infringing activity.
Legal action: If negotiation fails, you may need to take legal action to enforce your copyright. This may involve filing a lawsuit in court seeking an injunction to stop the infringing activity and damages for the harm caused by the infringement.
Defending Against Infringement Claims
If you are accused of copyright infringement, it's important to seek legal advice immediately. You may have several defences available, such as fair dealing, lack of originality, or lack of evidence of infringement. A lawyer specialising in intellectual property law can help you assess your options and develop a strategy to defend against the claim. Knowing frequently asked questions about copyright can also be helpful.
Resources for Copyright Information
There are numerous resources available to help you learn more about copyright and intellectual property in Australia:
Copyright Act 1968: The primary legislation governing copyright in Australia.
Australian Copyright Council: A non-profit organisation that provides information and advice on copyright law.
IP Australia: The Australian Government agency responsible for administering intellectual property rights, including patents, trademarks, and designs.
Arts Law Centre of Australia: A national community legal centre that provides legal advice and resources to artists and arts organisations.
Australian Libraries Copyright Committee (ALCC): Provides information and resources specifically for libraries regarding copyright.
Understanding copyright and intellectual property is crucial for creators and businesses alike. By taking proactive steps to protect your work and avoid infringement, you can ensure that your creative efforts are rewarded and your rights are respected. Remember to seek professional legal advice when facing complex copyright issues. You can also visit Mountainlion for more information.