Copyright law allows people to claim ownership over certain works. Copyright law is set out in the Copyright Act 1968 (Commonwealth), which applies throughout Australia.
Copyright protection is automatic – you do not need to apply for copyright in Australia, and copyright protection is afforded when the work is first written down or recorded in some way. A copyright notice does not need to be fixed to the work – it serves primarily as a reminder that the work is protected and who the owner of the work is.
The general rule is that the author of the work is the owner of the copyright, however there are several other exceptions to this including work done by employees, film and sound recordings where there are numerous contributors, or work done by State, Territory, or Federal Government.
Copyright generally lasts for the life of the relevant creator, plus 70 years. As copyright has evolved over a period of time and legislation in has changed as well, the lifespan of copyright may change depending on when the work was first created or published.
Once copyright protection has expired over a work, it becomes public domain and may be freely used by anyone.
In general, copyright protects:
- Literary Works, including articles, novels, poems, song lyrics, scripts, or computer programs
- Artistic Works, including paintings, drawings, sculptures, architectural plans, and photographs
- Dramatic Works, including choreography, screenplays, and plays
- Films and sound recordings
Copyright does not protect ideas, concepts, styles, techniques, or information. Copyright does not protect names, titles or slogans.
Trade Mark Enquiry
For more information on our trade mark services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced trade mark lawyers will contact you to explore how we can improve your business and add to your balance sheet by realising your intellectual property through trade mark registration.
Kenneth Ti
Trade Mark Lawyer
ken[at]trademark-lawyer.com.au
This website is supported by Phang Legal, an incorporated legal practice based in Parramatta CBD providing professional legal services in trade mark advice, representation and trade mark registration to businesses across Sydney and Australia. Kenneth Ti is an associate solicitor with Phang Legal. Kenneth Ti is not a trade mark attorney.
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