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Copyright
What is copyright?
Copyright protects the original expression of ideas, not the ideas themselves.
It is free and automatically safeguards your original works of art and literature,
music, films, sound recording, broadcasts and computer programs from copying
and certain other uses. Copyright is not registered in Australia.
Material is protected from the time it is first written down, painted or drawn, filmed or taped.
Copyright material will also enjoy protection under the laws of other countries who are signatories
to the international treaties, of which Australia is a member.
Copyright protection is provided under the Copyright Act 1968 and gives exclusive rights to license
others in regard to copying the work, performing it in public, broadcasting it, publishing it and
making an adaptation of the work. Rights vary according to the nature of the work. Those for artistic
works, for instance, are different to those for literary and musical works.
Although making copies of copyright material can infringe exclusive rights, a certain amount of
copying is permissible under the fair dealing provisions of the legislation.
Copyright doesn't protect you against independent creation of a similar work. Legal actions
against infringement are complicated by the fact that a number of different copyrights may
exist in some works - particularly films, broadcasts and multimedia products.
Consider using a copyright notice
Although a copyright notice with the owner's name and date is not necessary in
Australia, it can help prove your ownership of the copyright, and is necessary
to establish copyright in a few overseas countries. It can also act as a deterrent to potential
infringers.
Copyright is lost if the owner applies a three-dimensional artistic work industrially. In such
a case, it is necessary to register the design if protection is required.
Duration of copyright
This varies according to the nature of the work and whether or not it has been published.
Depending on the material, copyright for literary, dramatic, musical and artistic
works generally lasts 70 years from the year of the author's death or from the
year of first publication after the author's death.
Copyright for films and sound recordings lasts 70 years from their publication
and for broadcasts, 70 years from the year in which they were made.
AUSFTA - changes to copyright
A number of changes were made to the Copyright Act in 2004 as part of the implementation
of the Australia-United States Free Trade Agreement (AUSFTA). Please refer to
our AUSFTA fact sheet for details.
Who administers copyright?
The Attorney-General's Department administers
the Copyright Act 1968.
Useful addresses
Classification, Human Rights and Copyright Division, Copyright Law Branch, Attorney-General's
Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
Ph: (02) 6250 6666
Fax: (02) 6250 5900
Internet: http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright
The Australian Copyright Council
PO Box 1986
STRAWBERRY HILLS NSW 2012
Ph: (02) 8815 9777
Fax: (02) 8815 9799
Internet: http://www.copyright.org.au/
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