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ausip:copyrightbackground [2019/09/11 12:07]
nic
ausip:copyrightbackground [2019/10/30 11:05] (current)
nic
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 # Copyright Introduction # Copyright Introduction
  
-The main objective of copyright law is to protect and promote creativity in our economy. In Australia, copyright law is governed by the Copyright Act1968 (Cth). It broadly protects works of literary, musical, dramatic and/or artistic creativity.+## Copyright basics 
 + 
 +### Copyright protects substantial creative works. 
 + 
 +Copyright is the area of law that protects creative works. It is different from patent law, which protects inventions, and from trade mark law, which protects names and logos. Sometimes, people mix up copyright and trade mark law, but one important point of different is that copyright does not protect insubstantial things. So a single word, or even a few words in the form of a title or heading, will usually be insufficient to attract copyright protection. If a person wants to protect a word or title, they will generally need to apply for a trade mark. 
 + 
 +### Copyright protects expression, not ideas. 
 + 
 +Copyright protects the way that something is expressed, not the idea behind it. So it will not protect the idea of a story about a boy wizard going to a magical school, but it will protect that way that JK Rowling has written her particular Harry Potter story. 
 + 
 +### Copyright is automatic. 
 + 
 +Copyright arises automatically,​ upon creation, as soon as something is fixed in material form (written down, typed, recorded, etc.). ​ There is no need to register for copyright protection, and there is no need to use the © symbol next to the protected work. For most works, copyright protection lasts for the lifetime of the author, plus an additional 70 years. 
 + 
 +### In general, the creator is the first owner of copyright. 
 + 
 +The first owner of copyright is the person who created the work, unless the work was made by an employee within the course of their employment, in which case the employer is the copyright owner. 
 + 
 +Copyright ownership can be transferred to someone else (this is called an assignment),​ but to be a valid transfer it must be in writing and signed by both parties. (This is one reason why it is important to always read contracts carefully before signing). 
 + 
 +Where there is more than one creator, ownership will depend on whether the contributions are separable. If one person writes chapters 1 – 3, and another person writes chapters 4 – 6, then they will each own copyright in the chapters that they wrote. But if the contributions are not separable, the contributors will own copyright together as joint owners, and should make any decisions about the copyrighted work together. 
 + 
 +### The law splits copyright into different works and subject matter. 
 + 
 +There are: literary works, artistic works, musical works, and dramatic works; and sound recordings, films, TV and radio broadcasts, and published editions. (“Published edition” is a limited form of copyright, owned by a publisher, that protects the layout and formatting of printed pages, but not the words). 
 + 
 +This is relevant because a single object may have several layers of copyright, possibly owned and controlled by different people. For example, a magazine or newspaper article will likely comprise of: the written article (literary work), photographs or illustrations (artistic works) and a particular layout (published edition). Or a song may consist of lyrics (literary work), musical composition (musical work) and be recorded in a sound recording. 
 + 
 +### Copyright owners have exclusive rights. 
 + 
 +In general, copyright law gives a copyright owner the ability to control: copies of the work (the ‘reproduction’ right), adaptations (e.g. language translations,​ or converting a book to a film), the right of first publication of a work, public performance or public display, and the right to make the work available online (the ‘communication’ right). These rights are exclusive to the copyright owner, which means that no-one else can do these things without the copyright owner’s permission or a legal excuse. These are known as the ‘economic rights’, because the copyright owner has the ability to assign ownership or give permissions to use the work in exchange for payment. 
 + 
 +### Copyright permission is known as a licence. 
 + 
 +Licences can be limited by which rights can be exercised, the purpose for the permission, time and/or geography. 
 + 
 +It is important to understand the difference between an exclusive and non-exclusive licence. An exclusive licence is granted to the licensee (the person receiving the permission) exclusively,​ even to the exclusion of the licensor (the person granting the rights / the copyright owner). This means that if a copyright owner grants an exclusive licence to another person to reproduce the work, only that person can make copies of the work. The copyright owner can no longer make copies of their own work during the term of the exclusive licence. Practically,​ an exclusive licence may therefore have the same effect as an assignment. This is another reason why it is important to always read contracts carefully. 
 + 
 +A non-exclusive licence means that the same permissions can be granted to multiple different people at the same time, and the copyright owner can continue to exercise the rights granted. 
 + 
 +An exclusive licence must be in writing to be valid. A non-exclusive does not need to be, but it is good practice to have agreements in writing for your records. 
 +  
 +Also, be aware that it is not uncommon for a contract to include both exclusive and non-exclusive licences. For example, a publishing agreement may seek an exclusive licence for first publication and a non-exclusive licence for the reproduction right. 
 + 
 +### The most common form of copyright infringement is substantial reproduction 
 + 
 +It is a copyright infringement to exercise one or more of the exclusive rights of the copyright owner without permission or without a legal excuse (see exceptions below). The most common type of infringement is reproduction,​ because nearly every action that a person wants to do with a copyrighted work will require making a copy. For literary, artistic, musical and dramatic works, it is not necessary that the copy be exact. The law just requires that the copy be “substantially similar”. This is assessed by looking both at the quantity of what was taken (how much?) and the quality of what was taken (how important to the original?). This is a case-by-case assessment. 
 + 
 +### Exceptions: Fair dealing and fair use are different. 
 + 
 +There is no ‘fair use’ in Australia. ‘Fair use’ is the name of the legal defence in the United States, but it does not apply here. In Australia, we have ‘fair dealing’ defences. These require that the dealing: (1) be for a permitted purpose; and (2) be fair. The permitted purposes in Australia are: for research or study (but not for teaching others); for criticism or review; for parody or satire; for reporting the news; for use in legal proceedings;​ and to provide access to the material for a person with a disability. ‘Fairness’ is normally assessed by considering whether the person took only as much as they needed to fulfil their purpose. For example, a person can quote extracts from a book or play that they are reviewing without the need for permission from the copyright owner. 
 + 
 +### Moral rights are granted to individual creators. 
 + 
 +In addition to exclusive economic rights, a creator of a work will also have moral rights. Moral rights can only be held by persons (not corporations) and they cannot be transferred – they always stay with the creator, even if the economic rights (or ‘copyright’ as a whole) is assigned to someone else. 
 + 
 +There are three moral rights: (1) the right to be attributed as the creator of the work; (2) the right not to be falsely attributed; and (3) the right of integrity of authorship, which is the right not to have the work subject to derogatory treatment. ​ “Derogatory treatment” is defined to mean the doing of something to the work that results in the material distortion of, the mutilation of, or a material alteration to the work that is prejudicial to the author’s honour or reputation. This sounds very broad, but in reality this right has not been enforced very often so we don’t really know it’s exact scope. 
 + 
 +All moral rights are subject to a reasonableness requirement that will take into account the context of the use. For example, a reasonable attribution for use of an image on a billboard will likely be different to a reasonable attribution for use of a work in the citations of a book. 
 + 
 + 
 +## What does copyright protect? 
 + 
 +The main objective of copyright law is to protect and promote creativity in our economy. In Australia, copyright law is governed by the /Copyright Act 1968(Cth). It broadly protects works of literary, musical, dramatic and/or artistic creativity.
  
 * **Literary works** are textual works such as song lyrics, books, journal articles, and the code of computer programs/​software. This category covers almost anything in the written form. It does not cover headings and titles, however, because these are not considered substantial enough to warrant legal protection. * **Literary works** are textual works such as song lyrics, books, journal articles, and the code of computer programs/​software. This category covers almost anything in the written form. It does not cover headings and titles, however, because these are not considered substantial enough to warrant legal protection.
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 * sound recordings recorded in a studio or otherwise. * sound recordings recorded in a studio or otherwise.
- 
-A copyright protected work is often denoted by the symbol ‘©’, though this is not required for copyright protection. 
  
 <WRAP round info 60%> <WRAP round info 60%>
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 ## International and Historical Context ## International and Historical Context
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