Copyright

What do ‘Harry Potter’ novels, the song ‘Friday I’m in love’ and the 1927 painting ‘Implement Blue’ have in common?

Well, all three works are protected by the Copyright Act 1968 (Cth).

Copyright law allows the authors of these works to prevent others from copying the fruits of their labour. There is no registration process for copyright in Australia and protection is automatic if an author’s original expression and is captured in a material form.

While, as a rule, the first person to create a work owns the copyright, there several significant exceptions to this rule, examples including: works created by employees and certain commissioned works.

With the proliferation of online marketing and social media, copyright protection is more important than ever. As it is often said in the courts, if something is worth copying, it is worth protecting.

Copyright - Sharon Givoni

Steps we can take to help to assist you with copyright protection or if believe you have been copied:

  • Providing advice on copyright in works such as logos, photographs, advertising copy, brochures, databases and websites;
  • Help you identify your copyright;
  • Preparing agreements for the commercial exploitation of copyright;
  • Drafting deeds of assignment to transfer ownership of copyright of works created by independent contractors;
  • Training your staff in relation to copyright issues and how to avoid infringing someone else’s copyright;
  • Providing advice on what to do if someone else is infringing your copyright;
  • Advising whether your material might be infringing someone else’s copyright;
  • Assisting you in obtaining copyright permissions;
  • Advising you on moral rights matters including authorship issues;
  • Considering proactive measures, you can take to help you protect and assert your copyright;
  • Providing advice on the legalities of using third party material;
  • Drafting and responding to letters of demand; and
  • Providing advice in complex areas of copyright law, such as whether copyright subsists in databases and website layouts.

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