copyright law in a nutshell
In Australia copyright subsists solely by virtue of the Copyright Act 1968 and the Designs Act 2003 which are both Commonwealth Laws (ie Federal Laws). There is no “common law” concept of copyright in Australia. The law is found in the legislation passed by the Federal Government and interpreted by the courts.
Copyright is as “the exclusive right to do certain acts relating to literary, dramatic, musical and artistic works, sound recordings, cinematograph films, television or sound broadcasts and published editions of works.
The Copyright Act gives protection to an author of such works etc, except where that author has created such work for an employer or its assigned to another person or company.
Copyright is generally for the life of the author plus 70 years.
If the first publication of the work is anonymous or pseudonymous, copyright is for 70 years from date it was published.5.
If there where two similar works independently produced, the author who published first will not be able to prevent the other from publishing.
Copyright exists immediately upon the work being created, you don’t register copyright it is obtained at the creation of the work. Registration exists for this such as patents and trademarks.
For Copyright to provide protection the work must be original, in novel but not completely novel
The holder of copyright of works gives the copyright holder the right to reproduce, publish, perform in public, or communicate the work to the public and to allow others to do the same generally by way of a licence.
Infringement of copyright can come either directly or indirectly. Direct occurs when a someone , other than the copyright owner or the licensee holder uses the copyrighted works with out permission.
Indirect infringement occurs where a person, without the licence of the owner, imports into an article which would infringe copyright if it had been made in Australia . or sells or hires an article knowing that it infringes the copyright.
The main remedies available to an owner or exclusive licensee for an infringement of copyright are:
· an injunction;
· damages or an account of profits;
· additional (or exemplary) damages;
· delivery up of copies of the work or damages for its conversion or detention;5.
· an injunction ;
· delivery up and destruction of the infringing works
An infringer in some circumstances may also be subject to criminal penalties