Copyright Infringement in Australia: What It Is and What You Can Do

What Is Copyright Infringement?

Copyright infringement occurs when someone uses a copyright-protected work without the permission of the copyright owner, and no exception or defence applies. Under the Copyright Act 1968 (Cth), the copyright owner has exclusive rights to reproduce, publish, communicate, perform, and adapt their work.

Common infringement examples:

• Copying text, images, or music from a website without permission
• Sharing copyrighted films or TV shows without authorisation
• Using a photograph from Google Images on your website without a licence
• Reproducing substantial parts of a book or article

What Is Not Infringement?

Fair dealing exceptions allow use of copyright material without permission for:

• Research or study (personal use)
• Criticism or review (with attribution)
• Parody or satire
• Reporting the news (with attribution)

There is no general "fair use" defence in Australia (unlike the USA). The exceptions are narrower and more specific.

If You Receive a Copyright Claim

1. Read the claim carefully: is the claimant actually the copyright owner? Do you have a licence you forgot about?
2. Assess whether fair dealing applies: this is a factual and legal question
3. Remove or stop using the material if the claim has merit (to limit further liability)
4. Do not ignore it: infringement can result in injunctions, account of profits, or damages

Online Platforms

Many online platforms (YouTube, Facebook, Instagram) have takedown processes under safe harbour provisions. A rights holder can request removal of infringing content. If you believe a takedown was incorrect, most platforms have a counter-notice process.

Protecting Your Own Work

Copyright in Australia is automatic: there is no registration system. Your work is protected as soon as it is created and recorded in material form. However, keeping evidence of when you created the work (drafts, dated files, emails) helps you prove ownership if a dispute arises.

Remedies for Infringement

A copyright owner can seek:

• An injunction to stop the infringement
• Damages or account of profits
• Additional damages for flagrant infringement
• An order for delivery up of infringing copies