What is Copyright?
In Australia, copyright law is contained in the Commonwealth Copyright Act 1968 (Copyright Act).
A simple definition of copyright is that it is a bunch of rights in certain creative works such as text, artistic works, music, computer programs, sound recordings and films. The rights are granted exclusively to the copyright owner to reproduce the material, and for some material, the right to perform or show the work to the public. Copyright owners can prevent others from reproducing or communicating their work without their permission or may sell these rights to someone else.
Copyright does not protect ideas, concepts, styles or techniques. For example, copyright will not protect an idea for a film or book, but it will protect a script for the film or even a storyboard for the film.
Copyright is a separate right to the property right in an object. For example, this means that the person may own a book or painting, but will not also own the copyright in the book or painting unless it has been specifically assigned to them.
In Australia, copyright protection is automatic. There is no need for copyright registration in Australia, nor is there a legal requirement to publish the work or to put a copyright notice on it. A work will be protected as soon as it is put into material form, such as being written down or recorded in some way (filmed or recorded on an audio tape).
Taken From: http://www.smartcopying.edu.au/copyright-guidelines/copyright---a-general-overview/1-1-what-is-copyright-
The best place to find up to date information about Copyright is the Australian Copyright Council website:
http://www.copyright.org.au/
Among other things, there is a range of information or Fact Sheets on anything that relates to Copyright.
A great resource for Copyright basics is the fact sheet titled "An introduction to Copyright in Australia", which can be downloaded from:
http://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/An_Introduction_to_Copyright_in_Australia.aspx
Key Points
Extracted from the above information sheet:- Copyright provides creators with an incentive to create new works and a legal framework for the control of their creations.
- Copyright protection is free and applies automatically when the material is created.
- There is NO registration system for copyright in Australia.
- Copyright does not protect ideas, information, styles or techniques.
- Copyright does not protect names, titles or slogans.
- There are no general exemptions from copyright law for non-profit organisations.
- There are some situations where copyright law allows people to use copyright material without permission for their own personal use, but these are narrow and specific.
- Australian copyright law applies to actions that take place in Australia, even if the material used was created or first published in another country.
What does copyright protect?
Copyright protects:- textual material (“literary works”) such as journal articles, novels, screenplays, poems, song lyrics and reports;
- computer programs (a sub-category of “literary works”);
- compilations (another sub-category of “literary works”) such as anthologies – the selection and arrangement of the material may be protected separately from the individual items contained in the compilation;
- artistic works such as paintings, drawings, cartoons, sculpture, craft work, architectural plans, buildings, photographs, maps and plans;
- dramatic works such as choreography, screenplays, plays and mime pieces;
- musical works: that is, the music itself, separately from any lyrics or recording;
- cinematograph films: the visual images and sounds in a film, video or DVD are protected separately from any copyright in works recorded on the film or video, such as scripts and music;
- sound recordings: the particular recording itself is protected by copyright, in addition to, for example, the music or story that is recorded;
- broadcasts: TV and radio broadcasters have a copyright in their broadcasts, which is separate from the copyright in the films, music and other material which they broadcast; and
- published editions: publishers have copyright in their typographical arrangements, which is separate from the copyright in works reproduced in the edition (such as poems or illustrations or music).
Class Activity 1
Give some examples of some items that would be covered by Copyright.Give some examples of things that may not be covered by Copyright.
Do you have items that you have created that are covered by Copyright? What are they? Discuss.
Do I (Michele Hardy) own the Copyright on the notes that I create in my own time (like these)?
Copyright Information Sheets
Here is a small sample of the information available regarding specific items and industries covered by Copyright. The information sheets are easy to read and each has a summary under Key Points.Information Sheet for Photographers - click here
Information Sheet for Graphic Artists - Click here
Information Sheet for Craftworkers - Click here
Information Sheet on Internet Copying and Downloading - Click here
Information Sheet for Film and Copyright - Click here
To find out more about the Copyright Council, click here.
Misconceptions
Here are some common mistakes people make about copyright:- You must register copyright in Australia otherwise the work is copyright free
- No formal registration of copyright is required in Australia. This means you should generally assume that content will be protected by copyright.
- If there is no copyright symbol or notice, then the work is copyright free
- The absence of a copyright symbol or notice on a work does not mean that the copyright owner has abandoned their copyright or has granted an implied licence for anyone to use or reproduce or communicate their work.
- Once a work is published or in the public domain, anyone can use it
- The fact that a work has been published or is made freely available does not mean that:
the copyright owner has abandoned their copyright
- the work has entered the public domain and is no longer protected by copyright
- If you wish to copy and/or communicate to the public the whole or a substantial part of the work, it must be done either:
- with the permission of the copyright owner
- under the free use or other statutory exception (See 1.13: Copyright Exceptions for further information)
- under relevant Statutory Licence scheme (See 1.11: Statutory and Voluntary Licences for further information)
- I am not infringing copyright if I am not making any money from my use of the material
- Your use may infringe copyright irrespective of whether you are making any money or profit from the use.
For more information about Copyright
https://www.smartcopying.edu.au/home
https://www.nothingbeatstherealthing.info/about
https://contentcafe.org.au/
https://creativecommons.org.au/materials/copyrightlawoverviewinfopack.pdf
https://www.artslaw.com.au/info-sheets/info-sheet/copyright/
PROV (Public Records office Victoria)
https://prov.vic.gov.au/copyright-researchers
Protecting Your Copyright
Extract from Information Sheet "Protecting Your Copyright"Key points
- Certain material is automatically protected by copyright under Australian law. There is no registration of copyright in Australia, no fees to pay, and no formal procedures to go through.
- Copyright gives its owner the legal right to take action if someone else uses their material without permission. Sometimes, criminal proceedings may also be brought.
- There are many myths about how you can prove copyright ownership, which are unhelpful. There are, though, some things you can do that might help you to have relevant evidence for court.
- In some circumstances, copyright owners can rely on presumptions that they own copyright, rather than having to prove ownership.
- In addition to copyright, both technological protection measures and contractual terms can be used to limit other people’s ability to have access to or use copyright material
Read the full information sheet on Protecting your Copyright by clicking here.
Copyright and Social Media
Who owns the Copyright of any images/video that you upload to Facebook? Instagram? Twitter? Can anyone use your Intellectual Property? Can they be used without your permission?Read the Information Sheet on Websites and User-generated content by clicking here
Read the Information Sheet on Video live streaming and Copyright by Clicking here
Class Activity 2
Have you breached Copyright on Social Media or had any content from your social media accounts used without your permission? Share with the classClass Activity 3
Read the Terms and Conditions that you sign up for when you join any of the major social media sites.YouTube
YouTube Copyright Video
Were there any surprises there?
Did you read the relevant terms and conditions before you signed up to any social media site?
Will reading the terms and conditions change the way you use your social media accounts?
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