What is copyright?

Copyright is the exclusive right of an author to reproduce, publish, perform, adapt or communicate a work. The copyright owner also has the right to prevent other people from reproducing, publishing, performing, adapting or communicating the copyright work without permission.

Copyright has traditionally been granted in relation to “creative” endeavours – artistic, literary, dramatic or musical works. The scope of modern copyright protection has been broadened to also include modern commercial works like sound recordings, films and software. The Copyright Act 1968 (Cth) sets out the law and governs the administration of copyright in Australia .

When is a work subject to copyright?

Copyright comes into existence the moment an eligible piece of work is created in a permanent form. There is no need to make an application to register copyright (unlike trade marks, designs and patents). So long as piece of work is eligible under the Copyright Act, copyright is automatically granted over the work.

It is important to note that copyright protects the form of expression, but not the underlying idea. For example, a specific drawing of an invention will be protected by copyright but the idea of the invention will not be protected by copyright. However, it may be possible to protect the idea of the invention using other intellectual property rights including patents, designs or confidential information.

Copyright Ownership

Given that copyright ownership brings with it the exclusive right to copy, sell and license the work, it is essential to identify who owns each copyright work. Many clients run into difficulties in the field of copyright ownership and find that they do not in fact own what they thought was theirs.

Generally, the author of a work will be the owner of copyright in a work. However, this can become complicated where corporate authors, employees and independent contactors are involved.

Our intellectual property lawyers can assist you to determine who owns copyright in a work, and can prepare copyright assignment agreements in cases where ownership needs to be transferred.

Our Services

Our intellectual property lawyers have vast experience in the area of copyright protection, enforcement and related agreements.

We can assist in all areas of copyright law, including:

·         Copyright protection and ownership advice. We can assist to identify and capture your copyright works, which will include an assessment of which works are protected by copyright and who owns copyright in those works.

·         Copyright infringement advice. Our intellectual property lawyers can advise on whether copyright is infringed, and if so, what legal and commercial options are available. Is copyright in a work being infringed? Is so, what legal and commercial avenues are available?

·         Copyright commercialisation advice and agreements. We can assist to identify which commercialisation options are available, determine which would best suit your circumstances and prepare the relevant documentation and agreements. Options to be considered may include licensing of copyright, sale of copyright, sale of business or exploring investment opportunities.

·         Employment law and copyright issues. Our intellectual property and commercial lawyers can prepare employment agreements which properly deal with copyright ownership issues. We can also assist and agreements for independent contractors.

·         Related issues. Copyright cases will often involve cross-over with other areas of law which our team can advise on, including dispute resolution, entertainment and media law, corporate structuring, confidential information, franchising and other areas of intellectual property law such as trade marks, patents and designs.

Copyright Publications

·         Case Study: BBC's Walking with Dinosaurs arena adaptation

·         Case Study: Mattel Pty Ltd and the Inquiry into Enforcement of Copyright in Australia

·         Case Study: Council and Artists in Moral Rights Twist over Slide Sculpture

Where to now?

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Organise an initial consultation

A face-to-face consultation gives you the opportunity to discuss your issue with professionals who deal with and resolve these issues on a daily basis.

It gives you a chance to ask any questions you may have and for a member of our team to gain background and provide an insight into the options available to you.

For more information please call us on +61 3 9620 9660 or send us an e-mail at info@mdplaw.com.au. We are here to help.