In an age where pirates download Game of Thrones, monkeys take selfies and almost every other month a music artist is accused of ‘ripping off’ a Marvin Gaye song, we hear the word ‘copyright’ thrown around a lot. But what does it all mean and why does it matter?
Copyright is a form of intellectual property which affords the creators of original works exclusive rights to reproduce, publish, perform in public, communicate to the public and make an adaptation of their work.
Copyright is automatic at the time the original work is created. The Copyright Act 1968 (Cth) (Act) protects various forms of original expression, including literary, artistic, dramatic and musical works, as well as sound recordings and sound broadcasts, films and television.
For example, that Harry Potter novel you loved reading, the painting that won the Archibald prize this year or that catchy Ed Sheeran song you heard on the radio again this morning, are all subject to copyright protection.
You may have heard someone say ‘I thought I was allowed to copy 10%’ of someone else’s work. We’re not sure where this rumour came from, but it’s not necessarily true!
Put simply, copyright infringement will arise where a person, without the copyright owner’s permission, reproduces, uses or sells a ‘substantial part’ of the copyright owner’s work – this can be a quantitative as well as a qualitative test.
Copyright owners can apply for various remedies against a copyright infringer, including:
Copyright infringers can also face criminal penalties.
The simplest way to avoid copyright infringement is to seek the copyright owner’s permission before using the copyrighted work. However, permission from the copyright owner is not always required because the Act contains ‘fair dealing’ exceptions which allow use of copyrighted works without permission for the purpose of:
If you think you are engaging in copyright infringement or are unsure whether a ‘fair dealing’ exception applies to your circumstances, you should contact an intellectual property lawyer at Bespoke to determine whether you are ‘copy-right’ or ‘copy-wrong’.
Posted on: 27 November 2017