Care labelling (clothing) is a compulsory requirement under Australian product safety laws to attach English instructions on all textile products that adequately describe how to care for the item.
Causal connection in copyright law is the link between the material that has allegedly violated the copyright, and the original copyrighted work. The owner of the copyright needs to demonstrate this connection to prove that copyright has been breached.
Certification if you have a design registration, it needs to be examined by IP Australia to check that it is new. It must be ‘certified’ before it can be enforced (mere registration is not enough).
Certification trade mark is a logo or word mark assigned to a product or business service to indicate that it satisfies a particular set of standards which can include quality, content, manufacturing method and geographic origin. Examples include the heart foundation tick, the wool mark and the energy star rating.
Character merchandising refers to the use of celebrities or fictional characters to endorse products or services. Legal protection of character merchandising in Australia is mainly through the laws of passing off and misleading or deceptive conduct.
Cinematograph film includes feature films, TV programs, documentaries and these are all protected under Australia’s copyright laws as subject mater other than works
Client privilege (see privilege).
Collage involves combining various materials, such as photographs, paper cuttings, fabrics or other printed materials, to create new artworks. Copyright law may still protect parts of the works used to create the collage and the new collage as a work.
Collecting society is an organisation with the right to authorise the use of copyright material and collect royalties on behalf of the author, examples being: APRA for musical works, CAL for authors, journalists, illustrators, visual artists and photographers.
Commissioned work is a work that an artist has been paid to create on certain terms.
Common law refers to decisions made by judges that influence how legislation is applied and interpreted, and that can be drawn upon to set a precedent for future cases.
Common law trade mark is an unregistered trade mark that is protected under common law. The registration of trade marks is not mandatory in Australia, so that if one can prove that they have an established reputation in using a certain trade mark, they can be protected under common law.
Community trade mark means a trade mark that is registered for all countries in the European Union.
Compilations the selection and arrangement of material. Factual information such as recipe books, compendiums and maps can attract copyright protection as a ‘compilation’.
Concerns notice this is a document usually sent by someone who is claiming to have been defamed, and which details the specifics to the defamation complained of, including the date the defamatory statements were made and the defamatory imputations that can be drawn from the publication. It normally also includes the action needed to address the issue.
Confidential information is information that is not publicly available (and may be commercially valuable).
Confidentiality agreement documents a promise by an individual or company that certain information will not be disclosed to anyone else (particularly useful if you have a new idea that you want to keep secret). It may be also referred to as an NDA (non-disclosure agreement).
Consideration something of value given to another party in exchange for a promise. It is a requirement for a contract to be binding.
Consignment is a sales arrangement between the author of works and, commonly, a retailer or gallery owner, where the author only receives funds should the goods be sold.
Constructive notice sometimes the law requires you to have had knowledge of certain facts before you can be considered to have done something wrong. If the facts are obvious, the courts may assume that you knew of them. Constructive notice is a legal concept that means a person or entity should have reasonably known about something even if they had no actual knowledge of it.
Consultancy agreement a consultancy agreement is a legal agreement between a consultant and a client whereby the client buys the services of the consultant. It is also known as a services agreement. The idea behind it is to set out the two party’s’ rights obligations to minimise the risks of disputes down the track as everything has been agreed to.
Contract is a legally enforceable agreement. It can be oral, written or implied. For a contract to be valid, there needs to be an offer, an acceptance of that offer and consideration exchanged.
Copyright is a set of rights that the law gives to an author of a work to exploit their work (e.g. the right to adapt, post online, perform, publish, reproduce and so on).
Copyright clearance involves getting permission from the copyright owner to use their work. As a rule, copyright clearances should be obtained in writing and signed by the copyright owner and should be clear about the uses the owner consents to.
Copyright infringement occurs when someone else does something with a work that is the sole right of the copyright owner, such as reproduce the work without permission. The test of copyright infringement is whether a work been ‘substantially reproduced’ and this is determined by reference to quality over quantity.
Copyright Law protects the expression of ideas in material form, rather than ideas (or facts).
Copyright notice refers to a statement including the © symbol, the year of first publication and the name of the copyright owner.
Copyright ownership as a very basic proposition, the author of a copyright work is the owner however this rule is subject to lots of exceptions under Australian copyright law.
Copyright registration copyright does not need to be registered in Australia for protection to apply. However, some countries such as the United States and Japan have a voluntary registration system, and registering in those countries can have several advantages.
Copyright Tribunal an independent body established under s 138 of the Copyright Act 1968, that has jurisdiction over statutory and voluntary licences.
Copyright works literary works; dramatic works (such scripts for television advertisements); musical works; artistic works including works of artistic craftsmanship.
Copywriter a person who writes text for advertisements and marketing communications.
Cost agreement (see legal cost agreement).
Counterfeiting refers to the act of imitating or falsifying a product, registered trade mark or art-work.
Country of origin labelling is the requirement under Australian consumer law for particular goods and products to be labelled with their country of origin. The requirements are mostly for food products and may differ between individual States and Territories.
Creative commons a universal licensing system that allows a work to be used or reproduced pursuant to one of several generic licenses.
Crown copyright is copyright that can only be held or claimed by the Crown, i.e. government departments. In Australia, this is the Commonwealth of Australia, as well as its State and Territories.