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ausip:copyrightinfringement [2019/03/10 12:36]
jessiej_87
ausip:copyrightinfringement [2019/09/11 14:52] (current)
nic
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 Copyright affords the copyright owner exclusive rights over their work. This means that the rights belong exclusively to the copyright owner and they may choose to exclude others from exercising the rights. The only people who can exercise one of the rights are: the right holder; a person who has the permission of the right holder; and anyone acting under a legal exception to copyright infringement.  ​ Copyright affords the copyright owner exclusive rights over their work. This means that the rights belong exclusively to the copyright owner and they may choose to exclude others from exercising the rights. The only people who can exercise one of the rights are: the right holder; a person who has the permission of the right holder; and anyone acting under a legal exception to copyright infringement.  ​
 +
 +
 +## Overview ​
 +
 +The most common rights of copyright owners are:
 +
 +#### Right to copy or reproduce
 +
 +This includes photocopying,​ recording and scanning. However, for literary, artistic, musical and dramatic works, the right to reproduce is not limited to instances of just exact copying. It also covers instances of copying that produce something substantially,​ though not exactly, similar to the original work. The test for determining whether a work has been copied is to look not just at how much has been copied (quantity), but also the importance of what has been copied (quality).
 +
 +Australian courts have said that quality will be more important than quantity. For example, it may be an infringement of copyright to copy two lines from a song, if those lines are the most memorable and important in the song, even though two lines are only a small quantitative part of the song.
 +
 +#### Right to publish
 +
 +Allows the work to be made available to the public for the first time.
 +
 +#### Right to publicly perform
 +
 +Allows the work to be performed in public either live or for recording (for example, so that it can be included as part of a film). This is the right that governs performances at concerts and theatres and in any public space.
 +Right to ‘communicate to the public’
 +
 +This is the right that allows the work to be electronically distributed through various mediums such as internet and broadcast. When a work is shared online, such as on a website or via peer-to-peer (p2p) file sharing, the communication right is used.
 +
 +#### Right to adapt
 +
 +Allows the work to be translated or adapted into a different form. For example, an adaption would include translating a literary work into another language, or writing a screenplay for a movie (a cinematographic work) based on a novel (a literary work). There is no right of adaptation for artistic works.
 +
 +#### Right to use for economic gain either by selling or licensing
 +
 +Allows the owner to either transfer (commonly known as “assign”) or license (give permission for) all or any one of their rights. Assignments and licences are often granted for monetary payment. In the case of an assignment, the rights transfer to the purchaser/​new owner, and the creator is not left with any residual rights. In the case of a licence, the copyrighted material can be used for the purpose for which the licence is granted, while ownership continues to remain with the creator/​owner.
 +
 +<WRAP center round info 90%>
 +The purpose of copyright is to protect and promote creativity. The law does not permit the copying of a copyrighted work without the permission of its owner or without a legal exception. Copying (or publishing, performing, or communicating) without permission or excuse is known as “infringement” of copyright. If a copyright is infringed either knowingly or unknowingly,​ the owner has a right to stop further use and/or claim compensation under the law. 
 +
 +Intent is not an element of copyright infringement,​ so it is possible to infringe copyright without intending to.
 +</​WRAP>​
 +
  
 ## The Exclusive Rights ## The Exclusive Rights
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