Maxwells

Copyright

 

What does it protect?

Copyright protects the original expression of ideas, (not the ideas themselves).  Copyright protects original works of art and literature, music, films, sound recordings, broadcasts and computer programs from being copied.

What is the ‘monopoly’ right that it provides?

Copyright safeguards original works of art and literature, film, sound recording, broadcasts and computer programs from copying and certain other uses.  It gives exclusive rights to license others so they can copy the work, perform it in public, broadcast it, publish it and make an adaptation of the work.  

These rights vary according to the nature of the work.   Some works, like films, include many different copyright works.

Note:  Information on the internet cannot be copied without the copyright owner’s consent.

How is the right created?

Protection comes from the first time the work is written down, painted or drawn, filmed or taped and in this sense is automatic provided the work is original. 

As a general rule, copyright in a literary work vests in the ‘author’ of a work.  However works created during the course of employment vest with the employer by default.

In Australia this protection is provided under the Copyright Act 1968, federal legislation that applies throughout Australia.  Protection last usually for 70 years from the death of the author or the date of publication or date of broadcast was made.  Works should be marked © [name of owner] [year of being written. All rights reserved].

Usually making copies of copyright material can infringe exclusive rights, however under the fair dealing provisions of the Copyright Act, a certain amount of copying is permissible.

 

 

Global protection

As a result of Australia’s obligations under a number of international treaties, almost all copyright material created overseas is also protected in Australia under the Australian Copyright Act.

Also as a result of a number of international treaties, copyright in material created by Australian residents, citizens and nationals is recognised in most countries overseas.

How can the right be assigned?

The copyright owner can assign or license current and future copyright to another person.  Copyright can only be assigned by the owner in writing in a signed document under s196 and s197 Copyright Act 1968.

Costs of obtaining the right

Copyright protection is automatic (once the work is put into material form) and free, as there is no formal registration process involved.

 


For further information on Copyright, please visit Maxwells website or, next, learn about Confidential Information

 
 

 

Which contract is best for me?

 


Clicking on the link to one of the specific online Contract Templates listed on this page will give you a description of when that particular contract should be used, and help you decide if it is the right document for your needs.