Copyright is the right of an author or creator of a literary or artistic work to control how their work is used or exploited. Australian Copyright law is designed to incentivise creation, allowing people to monetise use of their creative output control how it is used and who it is used by. However, it is crucial to understand how Copyright law applies to you, and how your work can be used by both yourself and by others.
Copyright arises automatically upon the creation or publication of a work, so there is no need to apply for registration. However, if there is a market for your Copyright work in the USA, it may be wise to consider registering your Copyright there since this is one of the only jurisdictions in the world to have a Copyright registration system.Contact Us
The term of Copyright protection varies according to the type of Copyright, but for most forms of Copyright, Copyright protection extends for 70 years after the death of the author. This ensures that your beneficiaries will have the benefit of using your Copyright well into the future. It also means that you should ensure that Copyright is treated as an asset of your estate when preparing your will to avoid future disputes regarding ownership.Contact Us
Copyright can be infringed if there has been copying of either the whole or a significant part of the Copyright work. Often the issue of determining whether infringement has occurred is complex and there are many myths circulating as to how much a work needs to be changed in order to avoid infringement. If Copyright infringement is a concern, professional advice should always be sought.Contact Us
Where an artistic or literary work has been contributed to by others, there may be multiple owners of Copyright whose consent may be needed in order to exploit your Copyright.
For some forms of commissioned works, such as family portraits, Copyright protection will belong to the person commissioning the work rather than the photographer. However, for most commissioned works, the person who has created the work will retain the Copyright, even if you have paid for it.
Moral rights are the rights of the author or creator to be attributed and to retain the integrity of their work. In other words, there is a duty upon users of the Copyright work to acknowledge who the author is and to ensure that the work is not subjected to derogatory treatment. Those rights are independent to the Copyright in a work and are usually retained by the author even where Copyright has been assigned to another.
While your Copyright material is protected under Australian Copyright law, there are specific situations where people can use it without needing the owner’s permission. This is called “fair dealing” in Australia, and is different to “fair use” laws in the US.
Currently there are five situations outlined in Australian Copyright law where Copyright material can be used without permission. These are:
Research or study
Criticism or review
Parody or satire
Reporting the news
Provision of legal advice.
To discuss your needs with a qualified intellectual property lawyer, book a meeting today. Our experienced IP lawyer in Melbourne can quickly get to the heart of your issue. We can provide you with the information, guidance and options you need to make an informed decision before you choose to engage us.
5 Everage Street, Moonee Ponds
Melbourne, VIC 3039