How Copyright Works in Australia

Copyright Is Automatic in Australia

Unlike trade marks and patents, copyright in Australia does not require registration. Protection arises automatically when an original work is created, provided the creator is an Australian citizen, a resident, or the work is first published in Australia.

What Copyright Protects

Copyright protects original works — works that originate with the author and involved some skill and effort:

• Literary works: books, articles, computer programs, databases
• Artistic works: paintings, photographs, drawings, sculptures
• Musical works: compositions (separately from recordings)
• Dramatic works: scripts, choreography
• Films, sound recordings, and broadcasts

Copyright does not protect ideas, facts, titles, names, concepts, or styles — only the original expression.

Duration of Copyright

After the period expires, the work enters the public domain.

Moral Rights

Creators have moral rights under the Copyright Act 1968 that cannot be sold or transferred:

• Right of attribution — to be identified as the creator
• Right of integrity — to object to derogatory treatment
• Right against false attribution

Fair Dealing Exceptions

The Copyright Act allows certain uses without permission:

• Research or study
• Criticism or review (with attribution)
• Reporting the news (with attribution)
• Parody or satire
• Providing access for people with disabilities

The use must be genuinely fair — using only as much as needed for the purpose.

Infringement and Remedies

Using a copyrighted work without a licence or a valid exception is infringement. Remedies include injunction, damages (including additional damages for flagrant infringement), and account of profits.

Key Points

• Copyright is automatic — no registration required
• Protects original expression, not ideas or facts
• Generally lasts life + 70 years
• Moral rights (attribution, integrity) cannot be sold
• Fair dealing allows limited use for research, criticism, news, and parody