Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution.Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by the law of a certain state, do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent.Typically, the public law duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction. Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration.
It is widely believed that copyrights are a must to foster cultural diversity and creativity. However, Parc argues that contrary to prevailing beliefs, imitation and copying do not restrict cultural creativity or diversity but in fact support them further. This argument has been supported by many examples such as Millet and Van Gogh, Picasso, Manet, and Monet, etc.

View More On
  1. S

    NSW Who owns copyright in home videos filmed with someone else's camera at their request?

    Hypothetical scenario: Person A and Person B are parents watching their kids play soccer on the weekend. Person A pulls out a video camera and asks person B 'would you mind filming the game, as I have to help on the BBQ?' Person B says 'yep, no worries' and films the game on Person A's camera...
  2. M

    NSW Copyright and importation

    So if I wanted to import a copy of a work that is public domain in one country, but still protected by copyright in Australia, is this legal? I should not the context is for personal use. Article 16 of the Berne Convention speaks on this, but I'm not sure how it relates to Australian copyright...
  3. J

    WA Residential home design copyright

    During our discovery stage of building a new home we engaged 2 builders. "Builder A" and "Builder B". Builder A was our preferred builder, however, builder B had a nicer (but not perfect) design. We shared the preferred plan with "Builder A" with a request to "see if they had built anything...
  4. C

    QLD Fair Dealing Period - Newsworthy

    Under S42 Copyright Act there is the Fair Dealing Defence. Part of this defence is News. What is a reasonable effluxion of time when the item can no longer be considered as News and loses protection of S42 defence Where can I find Case Law in relation to S42 Fair Dealing. Has there been a...
  5. L

    Music Copyright Infringement - Circumstantial Standard.

    In the U.S. the circumstantial evidence that is generally submitted addresses access and substantial similarity. In the U.S. substantial similarity may be both quantitative and qualitative; the general emphasis, however, is usually on the qualitative measure. In Australia and in the the...
  6. NiTride

    Can you sell fan made products that are related to IP

    Hi all I am quite confused when it comes to IP and what is permitted and not permitted. I am very new to all of this and only recently started designing products, and trying to build a small business. I decided at one point to create some products "as a fan" based on other franchises and...
  7. T

    VIC how does Copywrite apply to course curriculums?

    Hi! I want to make an online video series about covering media studies, I've been looking at the Melbourne uni curriculum and was thinking to use it in conjunction with curriculums from other public unis (like Swinburne or RMIT) to form a sort of Frankenstein's monster curriculum to make media...
  8. kateclements

    Start up business, copyright/trademark name

    I am starting my own small business online selling womens clothing. I want to make sure I will not get sued for using the name, I have not registered it yet as I was hoping to get an answer first. I will use the following as an example - I want to call my brand F#t Emily, but there is already a...
  9. J

    TAS State school copyright query please

    Hello. A state school in a rural area published a centenary book with images and text from community. The book is copyrighted to the school and the school has since closed down. The local museum has had requests for the book and they are wanting to print a number of copies to sell. Regarding...
  10. S

    WA Copyright Act 1895

    A simple question as I do not understand precisely the use of the phrases "as passed" and "in force". The WA copyright Act of 1895 is listed "as passed" on the WA Parliament website but not listed as "in force". Is this act still valid (ie applicable) in WA or has it been superseded by more...