Copyright ashort study by KJK

CopyrightA short study

By KJK

Put simply, copyright is the right of the creator of a piece of work to stop other people reproducing their original piece.

Copyright gives economic and moral rights to the creator of the work.

To be covered under Australian copyright law, the work must be made by an Australian resident or citizen or be first published in Australia.

Many people use this symbol, with a date, to show that their work is covered by copyright, however in Australia this is not necessary.

What is it?

Copyright legally protects the work of creators, such as artists, writers and musicians.

The Copyright Act does not discriminate against works of poor quality or literary merit.

Australian law offers copyright protection for 70 years after the author’s death.

Copyright protection

Copyright can protect: artistic works including photos, paintings, maps,

craftmusical scoresdrama e.g. dance, playsliterary works and computer programsvideos and filmpublished editionssound recordingscommunications

What does it cover?

All copyright issues in Australia come under federal law.

Australian Copyright Act was passed by Federal Parliament in 1968.

Copyright Law Review Committee was set up in 1983 as an advisory body.

2006 saw the Copyright Amendment Act passed.Laws vary internationally, but Australia is party to

treaties which help provide protection for international works.

Federal legislation

Changes to Copyright Act in 2000 were added to deal with work in digital form.

Promote creativity of online technologies Promote access to copyright works online Provide certainty and access for users of

online material Make sure educational institutions have

access to online material.

Up to date

According to the Australian Copyright Council there is no charge for copyright protection in Australia.

It is free and automatic from the time the original work is produced. Registration is not needed.

Copyright is administered by the Attorney General’s Department in Australia.

Some websites offer protection of original works for payment of a fee, but these sites have no authority or capacity according to the Attorney General’s Department.

Registration

Place a notice of copyright on the work.Keep a dated copy of all work created.State clearly what access you want others to

have of your product.Insist everything is in writing.Pay detailed attention to any contracts.Seek legal advice.

Protecting from copyright theft

The Universal Copyright Convention (UCC) used to require that this symbol be used. More recently, other treaties have overtaken this requirement so it is not a formality.

Although not having much legal effect, the copyright symbol serves as a warning that the work is under copyright.

It is common practice as follows: © John Smith 2013 symbol + owner’s name + year of creation.

Copyright symbol

The actual idea someone has is not covered by copyright. Rather it is the expression of the idea in a material form, documented in some way, that is protected.

Therefore, If someone thinks of an idea for a logo, it is not under copyright. They would need to have put their initial idea down on paper.

Logo design

Exhibiting art in a gallery is entering into a business relationship/agreement for both artist and gallery.

Both parties need to be clear about exactly what moral and economic rights each has.

The gallery would have the right to display the artwork in an appropriate manner.

The artist would retain copyright.Artists have an exclusive right to communicate

their work to the public.

Artworks in galleries

An employee creating graphic design works for a company does not own the copyright of the creation under Australian copyright law.

In-house copyright:an example

Freelance designers have different rights to those of an employee in a company.

Terms would depend on the written agreement between parties.

The designer can license the work for use by the company, while still retaining the copyright of the original work.

Freelance designers

The court will take into account any documents you can produce to show ownership of the work, such as date of creation, original working drawings and written comments showing your ideas.

Supporting evidence can come from other people’s statements, showing that they knew you were working on that creation and/or they were also working with you on that project.

Proof in court

With regard to reproducing artistic work: There is nothing to be found in writing in the

Copyright Act about an amount that would infringe ownership.

It maybe similar to literary standards where it is less than a substantial proportion reproduced.

If in dispute, an assessment of fair dealing may be needed.

Can I use it?

On finding a suitable artwork you want to use from the internet, look for the copyright details to ask permission from the owner.

Visit the original page.If the artist took the photo, approach the artist via

websiteIf from a licensed site, you can buy a license to use the

artwork in certain agreed situations. If an online gallery is showing the artwork, approach

the gallery via email and it may put you in touch with the artist, who may give you a copyright release.

Where are they?

To find out more detail on copyright in Australia, the following websites are helpful.

http://copyright-australia.com/?gclid=CIDG4_-8iLkCFYkipQodxVcAJA

http://www.copyright.org.au/ http://www.ipaustralia.gov.au/get-the-right-ip

/copyright/

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