Introduction to Copyright
The idea of copyright is that authors, artists, musicians or film-makers should be able to prevent other people from copying their creative work while being able to exploit it themselves. Copyright is often referred to as a 'bundle of rights' designed to encourage and reward intellectual effort in the development of illustrations, writing, sound recordings, film, broadcast(s), electronic and cable transmission and computer programs.
Who owns copyright?
The general rule is that copyright is owned by the creator of the work, for example the artist, writer, cartoonist, photographer and so on. However, there are important exceptions. If you have an agreement with an employer or publisher you should check the conditions of the contract to determine copyright ownership.
The rights of a copyright owner
In Australia, the Copyright Act 1968 gives exclusive rights to copyright owners. These include the right:
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to reproduce the work in material form
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to publish the work
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to perform the work in public
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to communicate the work to the public
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to make an adaptation of the work
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to do any of these acts in relation to an adaptation of the work.
Infringement of copyright occurs if you use copyright work in any of these ways without the permission of the copyright owner.
Rights of those using copyright material
The Copyright Act aims to balance the rights of the copyright owners with the needs of the users of copyright material, whether they be individual researchers or students, or employees of universities who wish to use copyright material for teaching purposes. The Act therefore allows use of copyright material for certain purposes without needing to obtain the permission of the copyright owner. These include uses permitted under Fair Dealing and uses for educational purposes. In order not to infringe copyright, however, this use must comply with the conditions of the Copyright Act and the amount used must adhere to the limits set by it. If you copy and use someone else's workit is important at all times to acknowledge it. This is good academic practice, but also ensures you avoid plagiarism, and observe Moral Rights.
What copyright protects
Material protected by copyright falls into two categories: 'works' and 'subject matter other than works'. These cover a wide variety of materials and works in print, electronic and online formats, including:
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Literary works such as books, articles, web pages, emails, poetry, lyrics, databases and computer programs
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Artistic works such as paintings, photographs, sculptures, engravings, sketches, blueprints, drawings, plans, maps, and buildings or models of buildings
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Dramatic works such as plays, screenplays and choreography
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Musical works such as sheet music
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'Subject matter other than works' includes sound recordings, films (in all formats), radio and television broadcasts and published editions of works.
In Australia, copyright protection is automatic when new work is created, and there is no register of copyright material. The copyright symbol © does not need to be on a work for it to be covered, though this serves to remind others that the work is subject to copyright and that certain rights apply. Some works such as films or musical recordings may contain several copyrights.
The duration of copyright
The duration of copyright varies according to the type of material and whether or not it is published. Prior to 1 January 2005 it was generally the case that copyright lasted until 50 years from the end of the year in which the creator died, or, for some material, until 50 years from the end of the year in which the material was first published. This period was extended by the 2005 Free Trade Agreement with the United States, but does not revive copyright that had expired. In most cases copyright now lasts 70 years from the end of the year in which the creator died or 70 years from the end of the year in which the material was first published.
Before relying on the out-of-copyright status of a work, you should investigate the status of a work. This is outlined in an information sheet entitled 'Duration' on the website of the Australian Copyright Council.
If copyright in an item has expired it is considered to be in the public domain, and you may use it without seeking permission or needing to comply with the conditions of the Copyright Act.