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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.

  1. Lauren CW

    Lauren CW Member

    23 February 2016
    Likes Received:
    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 Guest

    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
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    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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