What does copyright protect?
Copyright protects:
textual material (“literary works”) such as journal articles, novels, screenplays, poems, song lyrics and reports; computer programs (a sub-category of “literary works”);
compilations (another sub-category of “literary works”) such as anthologies – the selection and arrangement of material may be protected separately from the individual items contained in the compilation;
artistic works such as paintings, drawings, cartoons, sculpture, craft work, architectural plans, buildings, photographs, maps and plans;
dramatic works such as choreography, screenplays, plays and mime pieces; musical works: that is, the music itself, separately from any lyrics or recording;
cinematograph films: the visual images and sounds in a film, video or DVD are protected separately from any copyright in works recorded on the film or video, such as scripts and music; sound recordings: the particular recording itself is protected by copyright, in addition to, for example, the music or story that is recorded;
broadcasts: TV and radio broadcasters have a copyright in their broadcasts, which is separate from the copyright in the films, music and other material which they broadcast;
published editions: publishers have copyright in their typographical arrangements, which is separate from the copyright in works reproduced in the edition (such as poems or illustrations or music).
What is not protected by copyright?
Ideas, concepts, styles, techniques and information Copyright does not protect ideas, concepts, styles, techniques or information. For example, if you write an outline of your idea for a TV show, the written text will be protected by copyright as a literary work and, generally, someone wanting to reproduce the text would need your permission. However, someone else could write their own script, using your ideas, without necessarily infringing your copyright. Copyright would only be an issue if someone copied or paraphrased an important or distinctive part of your written work. In some cases, however, people using your ideas or information or styles could be in breach of other laws. Names, titles and slogans Some things are too small or unoriginal to be protected by copyright. For example, single words (even invented words), names, titles, slogans and headlines are unlikely to be protected by copyright. In some cases, however, someone using a name, title or slogan which is already being used by someone else may run into problems with other areas of law, such as trademarks. Titles and Slogans. People People and people’s images (images of their face or body) are not protected by copyright. Sometimes, however, other areas of law, such as defamation and the Competition and Consumer Act, can affect the circumstances in which a person’s image can be used.
Copyright protection is automatic Copyright protection is free and automatic from the time a work is first written down or recorded in some way. You do not apply for copyright in Australia, and there is no system of registration here. Nor are there any forms to fill in, or fees to be paid. You do not need to publish your work, put a copyright notice on it, or do anything else before your work is covered by copyright. For example, as soon as a poem is written, or a song is recorded, it is protected.
Who owns copyright?
The Copyright Act sets out rules about copyright ownership. However, people involved in creating or investing in copyright material can reach agreements about who will own copyright. Whether or not the rules in the Copyright Act will be followed, if there will be more than one person involved in the creation of material or where material is commissioned, it’s a good idea to have a written agreement about who will own copyright. The general rule under the Copyright Act is that the first owner of copyright is the creator of the work, or the person responsible for making the sound recording, film, broadcast or published edition.
There are, however, important exceptions to this general rule set out in the Copyright Act:
Employees. Where a work is made by an employee (rather than a freelancer) as part of that employee’s job, the employer usually owns copyright. For people employed as staff who are creating material for newspapers, magazines and other periodicals, the employer will own most of the copyright, but the employee will usually own copyright for some purposes (photocopying and publication in books). Further information for journalists may be found in our information sheet Journalists & Copyright.
Freelance photographers, engravers and people doing portraits. At default, freelance creators usually own copyright in what they create. Someone who pays for work to be created will generally not own copyright, but will be able to use it for the purposes for which it was commissioned. However, where a person commissions a freelance photographer to create material for a private or domestic purpose (eg., wedding photographs, family portraits), that person will own the copyright in the commissioned material, not the photographer.
Films and sound recordings. The first owner of copyright in a film is usually the producer or the person who paid for it to be made. The first owner of copyright in a sound recording is usually the person who paid for the recording to be made. However, in some cases, performers recorded on sound recordings own a share of the copyright in those sound recordings.
A State, Territory or Federal Government will usually own copyright in material created, or first published by it or under its direction or control.