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SA Copyright Act on Videos Taken from iPhone?

Discussion in 'Intellectual Property Law Forum' started by Lauren CW, 23 February 2016.

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  1. Lauren CW

    Lauren CW Member

    23 February 2016
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    Hey all, thanks for taking the time to read!

    I am really struggling to understand how recorded video footage is protected under the copyright act as I believe nowhere in the act it specifically mentions "visual videos".

    By this, I mean a video recorded on an iphone and uploaded to a website (not so much a short film, film, drama performance, etc.). Just me whipping my phone out at the pub and recording a friend. I have had many lines of thought that maybe it is grouped in with sound recordings? Or maybe it is classed under cinematography, but I really can't find solid law/sections in the act to show this...

    If anybody could tell me which then it would be a great help! And even better if you can point me in the right direction for the part of the act that defines it!
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    I assume it would just come under the following:

    "cinematograph film means the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing:

    (a) of being shown as a moving picture; or

    (b) of being embodied in another article or thing by the use of which it can be so shown;

    and includes the aggregate of the sounds embodied in a sound - track associated with such visual images."

    What is it that you want to know about copyright attaching to film?
    Tim W likes this.
  3. Tim W

    Tim W Lawyer

    28 April 2014
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    I concur with @Sophea .

    Firstly, stuff you shoot on an iPhone is indeed a "cinematograph film" (the term is defined in s10 of the Copyright Act 1968 (Cth).

    Secondly, you'll get a better answer if you tell us why you ask.

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