Ownership of copyright

requirements for protection

In Australia there is no requirement to register to protect copyright works. Copyright protection is free and automatic - it does not depend on publication, a copyright notice, or any other procedure. Copyright material is protected from the time it is first written down or recorded in some way, provided it is the result of the creator’s skill and effort and is not merely copied from another work.

The right to reproduce or copy a work is controlled by the copyright owner for the following types of material:

literary;
dramatic;
musical and artistic works;
cinematograph films;
sound recordings;
television and radio broadcasts; and
published editions.

duration of copyright

Depending on the type of material the length of protection varies. In most cases, copyright lasts from the time of creation for the life of the creator plus 70 years. After that time, the material enters what is known as the ‘public domain’ where it can be freely used without permission.

exclusive rights of copyright owners

Owners of copyright have exclusive rights to deal with their works in certain ways. Anyone who wants to use their works in these ways will need the owner’s permission, although some exceptions to this rule apply.

There are a number of exclusive rights depending on the genre of literary or artistic endeavour. For example copyright owners of literary, dramatic and musical works control the right to copy or reproduce, as well as the right to publish, perform in public, communicate to the public and adapt their works (see the Ownership and infringement of copyright? information sheet).

assigning and licensing rights

Copyright owners may assign or license these rights to others. Assignment of copyright and licences can include a number of limitations and conditions. These can include limitations on the type of use that can be made of the work, the period of time for which a licence applies and requirements for payment.

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