Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is a copyright?
- Copyright is a form of legal protection against unauthorised reproductions and public disseminations of an original work.
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If a copyright must be original does it mean that it must be unique?
- No. Under Australian copyright law the concept of originality means that it is not copied from anything else.
- The work must be the product of the author's:
- own time;
- labour;
- skill; and
- judgment.
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I want to copyright my idea. What should I do?
- Copyright does not protect ideas. You should review your business plans with an intellectual property lawyer to determine the best form of protection.
- The ability to protect can be lost if you do not initiate registration for patents and designs before disclosing them. You should seek this advice at the outset.
- Our LegalPlan™ membership will allow you to ask lawyers for a Fixed-Fee Quote on your matter.
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Are there any other conditions for copyright protection?
- Yes. The author of the work must be a citizen or resident of Australia or a country that is a signatory to a copyright convention. In practice this includes most of our major trading partners or the work must have been first published or broadcast in Australia or a convention country.
- If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
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Do I have to register my copyright?
- No. In Australia there is no system of registering copyright works and therefore no cost.
- You should consult a copyright lawyer to ensure that you do actually own copyright in a work particularly if the work was created by an employee in your employment or by third party contractor.
- You can use our Phone a Lawyer service to get a preliminary consultation about your situation.
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Will my copyright be protected outside Australia?
- Generally yes. Australia’s major trading partners are members of a number of international copyright conventions.
- In some countries like the US you may need to register copyright in order to enforce it in court.
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What are economic rights?
- Economic rights are exclusive rights granted to the copyright owner to prevent others from commercially exploiting the copyright protected work without authorisation.
- The following economic rights are associated with artistic works:
- reproduction;
- communication to the public; and
- publication.
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What are moral rights?
- Moral rights are personal rights that protect the integrity and attribution of the creator such as:
- the right of integrity;
- the right of attribution; and
- the right against false attribution.
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What are performers’ rights?
- These are personal rights preventing:
- unauthorised recordings;
- broadcasting and other uses of the performance including:
- copying;
- selling;
- hiring;
- distributing;
- importing; and
- possessing copyrighted material.
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What is ERMI?
- Electronic Rights Management Information or ERMI is a term given to information that is attached to a work so as to identify the author of the copyright work. It includes:
- the name of the author;
- the details of the author;
- the name of the work; and
- whether a licence can be obtained for reproduction or use.
- Removing ERMI from any work is recognised as an offence under copyright law.
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