The Copyright symbol, designated as ©, is commonly used in works such as books, websites, music, paintings, and other forms of media to denote that the work is protected by copyright law.
Copyright and Intellectual Property Infringement
We advise and litigate all matters including the following:
- Copyright advice & licensing
- The registration of your Copyright in Australia and overseas
- Addressing and responding to a Copyright opposition
- Defending a Copyright infringement claim and IP dispute resolution;
- Lodging a Copyright infringement and Lodging a design application
- Restraint of trade and Remedies for infringement of intellectual property rights
- Competitors wrong fully taking or using copyright material or original video or audio works
- Employees, directors or shareholders misappropriating and/or using your copyright material such as client lists, customer lists or information contained on your database,
- Ceased and Desists letters and letters of demand
- Advice on disputes relating to infringement and passing off Copyright.
Understanding Copyright – Know your rights!
In Australia, creators enjoy legal protection for their original works.
Learn about infringement actions, remedies, and penalties.
- Automatic Ownership: In Australia, similar to other countries, creators automatically own copyright in their original works. This includes literary works (like books), Instagram pages, reels, artistic works (such as paintings, reels), and more. No formal registration is required for ownership.
- Proving Authorship: While automatic ownership exists, having evidence of your authorship is essential. Consider keeping dated drafts, emails, or other records that demonstrate your creation process. These can serve as proof if any disputes arise.
- Australian Copyright Council: The Australian Copyright Council provides valuable resources for creators. They offer guidance on copyright law, licensing, and protecting your work. You can visit their website for detailed information.
- Duration of Copyright: In Australia, copyright typically lasts for the life of the creator plus 70 years. After that, the work enters the public domain.
This is general information, and seeking legal advice specific to your situation is advisable. If you have further questions or need assistance, feel free to ask, we can help guide you.
A Brief History of Australian Copyright Law:
Origins in British Law: Australian copyright law traces its roots back to British copyright law. The British Parliament established copyright through the Australian Courts Act 1828. The Statute of Anne 1709, which granted copyright protection to books, served as a blueprint for extending copyright to various subject matter in the 18th and 19th centuries.
Australia’s First Federal Copyright Act: In 1905, Australia passed its first federal Copyright Act. Authored by John Henry Keating, it introduced regulatory innovations and contributed to the movement toward copyright legislative unity within the British Empire.
Copyright Duration Changes: Until 2004, Australian copyright followed the “plus 50” law, which protected works for 50 years after the author’s death. In 2004, it shifted to a “plus 70” law, matching the U.S. and EU standards but was not retroactive.
Current Landscape: The Copyright Act 1968 governs Australian copyright law, covering various aspects like moral rights, performers’ rights, and exclusive rights. Legal deposit requirements ensure publishers lodge copies of their works in national and state libraries.
Navigating Copyright Law in Australia: A Guide to Protecting Your Intellectual Property
In the sphere of intellectual property law, copyright emerges as a fundamental mechanism safeguarding the rights of creators, thereby nurturing innovation. Australia’s copyright system is tailored to shield the original works of authors, artists, and creators, endowing them with exclusive authority over their creations’ usage.
What is Copyright?
Copyright embodies a legal framework that bestows creators of original works exclusive rights, enabling them to oversee the usage and distribution of their creations. In Australia, the moment an original work materialies in a tangible form—be it literature, art, music, film, or software—it automatically garners copyright protection under the Copyright Act 1968.
The Mechanics of Copyright in Australia
The cornerstone of copyright in Australia is its automatic protection principle, eliminating the need for registration. The creation of an original work in a tangible medium instantaneously secures copyright protection. Copyright owners in Australia are vested with exclusive rights, including reproduction, public performance, communication, and adaptation of their work. These rights ensure creators maintain control over their work’s use, guaranteeing proper recognition and financial remuneration for their efforts.
Fair Dealing and Exceptions
Australian copyright law recognizes “fair dealing” exceptions, permitting limited use hinge on fairness and proper attribution.
Copyright Duration: How Long Does Protection Last?
For individual creators, copyright extends for the creator’s lifetime plus 70 years. Corporate creations enjoy a 70-year protection from the date of creation or first publication, depending on which is earlier. For anonymous or pseudonymous works, copyright persists for 70 years from creation or publication, fostering a balance between stimulating creativity and enriching public domain content.
Navigating Copyright Infringement
Copyright infringement entails unauthorized use, reproduction, or distribution of a copyrighted work. Australian copyright owners can seek legal redress, commonly through damages reflecting the financial loss incurred or
a reasonable licensing fee. Courts may also grant injunctive relief to halt ongoing infringement, preserving the copyright owner’s economic interests.
Copyright infringement – protection!
Passing Off in Copyright: Protecting Business Goodwill
- What is Passing Off?
- “Passing off” is a legal doctrine primarily associated with trademark law, not copyright violation.
- It focuses on safeguarding the goodwill, reputation, and brand identity of a business or entity.
- Passing off occurs when someone misrepresents their goods or services as those of another, leading to confusion among consumers.
- How Does Passing Off Work?
- Imagine a scenario where an unregistered trademark (not protected by formal registration) is associated with a particular business.
- If another party uses a similar mark (or an identical one) in a way that confuses consumers, it may constitute passing off.
- Difference Between Passing Off and Copyright Infringement:
- Copyright infringement involves unauthorized use of copyrighted material (such as copying, distributing, or adapting it) without permission.
- Passing off, on the other hand, focuses on misrepresentation and confusion related to branding and business identity.
- While copyright infringement is a statutory remedy, passing off is a common law remedy.
- Remedies Available Under Passing Off:
- Injunctions: Courts can order the infringing party to stop using the misleading mark.
- Account for Profits: The infringing party may need to account for any profits gained through passing off.
- Damages: Compensation for harm caused to the business’s reputation.
- Declaration: A court declaration confirming the passing off.
