What is copyright, how is it protected and
when does infringement occur?
Hi, I’m John Gallagher from Argon Law and
I would like to briefly discuss the concept
of intellectual property with you in the context
of copyright.
Intellectual property rights protect and benefit
the people who create them, own them, or who
acquire the right to use them in another way.
Copyright is one form intellectual property.
The moment an idea or creative concept is
documented on paper or electronically it is
automatically protected by copyright in Australia.
These expressions are called “works” under
Copyright law.
The Copyright Act protects different kinds
of works, including books, films, music, sound
recordings, newspapers, magazines and artwork.
If Copyright exists, no registration is needed.
The authors or owners of copyright automatically
receive certain exclusive rights which expire
70 years from the date the author dies. This
includes the right to exclude others from
reproducing, publishing, performing or adapting
the original work.
While copyright automatically receives protection
upon creation, there is a difference between
creating copyright and proving its existence
when facing infringement allegations. This
is why the copyright symbol often appears
on certain works in conjunction with the author’s
name, and the date of creation.
Copyright is infringed if copyright material,
or a substantial part of it, is used or reproduced
without permission. If copyright has been
infringed, the copyright owner is entitled
to commence an action in court and various
remedies may be awarded. Time limits do apply.
If you are concerned about protecting your intellectual property, please get in touch with us at Argon Law.
