Copyright

Copyright is said to be a set of rights which protects the author or creator of creative works by giving the copyright owner exclusive rights to:

  • Publish the work
  • Control copying
  • Prepare derivative works
  • Perform the work
  • Make material available online
  • Reserve economic and moral rights in addition to legal rights

The main aim is to protect the creative work of the copyright owner from unauthorised use.
Copyright cannot prevent others from having the same idea or concept.
Copyright is said to protect the expression of an idea, not the idea itself.

Copyright rests initially with the author or creator of the works.
Eight different categories are recognised.

Four categories of works:

  1. Literary
  2. Dramatic
  3. Musical
  4. Artistic

And four subject matters other than “works”:

  1. Film
  2. Sound recording
  3. Broadcasts
  4. Performances

Copyright protection arises when the creative work is first expressed, whether it is published or not. Copyright does protect unpublished works. There is no formal registration procedure although there are some threshold issues for copyright to exist in Australia:

  • The work must be:
    • original
    • by a resident or citizen of Australia
    • first expressed or published in Australia

Copyright protection may exist in other countries but the law varies significantly in different jurisdictions.  Call our experienced copyright lawyers on 03 9550 4600 for help with your copyright.

Law Institute of Victoria Accredited Specialists - Commercial Law