Copyright is a complex element of Australian and international law, with many nuances that can all too easily be misinterpreted. Copyright law is also different from country to country, with large differences in the way the United States upholds copyright in comparison to the creation and ownership of copyright within Australia. Understanding these differences is crucial when it comes to exploiting and controlling your work across both of these territories.
So What is Copyright?
The simplest definition of copyright is that it is ‘a bunch of rights in certain creative works such as text, artistic works, music, computer programs, sound recordings and films’ (Smartcopying.edu.au). Copyright owners have the right to prevent others from reproducing or using their work without their permission, and are able to exploit their copyright rights through the sale of the rights to someone else as a controllable and valuable asset.
One area that can cause confusion for people is that copyright does not protect ideas, concepts, styles or techniques. This can be particularly nuanced for those in the creative industries who take ideas and develop them into other properties, such as film, theatre or novels. Whilst the script, play or manuscript itself can be protected, the base idea for the project is not covered under copyright.
As well, copyright is a different right to the property right in an object. Whilst you can be the owner of a book in its property form (physical or digital), you will not also own the associated copyright with that book unless it’s been assigned to you.
What are Australian Copyright Laws?
In Australia, we enjoy automatic copyright protection, meaning there’s no requirement for copyright to be registered for it to be enforceable. Work is protected the moment it takes a material form, which can be as simple as writing it down, taking photos, creating sketches or recording it. We recommend you keep drafts and copies of your work from its original date of conception in order to prove your copyright ownership and rights enforceability. You can also clearly display copyright on your work by using the copyright notice symbol, your name and the year you made it.
Copyright lasts for the duration of your lifetime before extending 70 years past the date of your death, in which time nobody has the right to use or change your work without your permission (the use of your original work without permission is called copyright infringement and is an illegal act).
In the United States, copyright must be registered in order for it to be enforceable.
Copyright is an important element of your intellectual property. If you’re unsure as to your copyright rights and whether or not you have the protection you require, our team at ONE IP INTERNATIONAL can work with you to evaluate your IP protection needs before managing the process on your behalf. As your IP is an invaluable part of your business and personal assets, knowing it’s managed and protected is an important key to peace of mind in growing and nurturing your business.
