Copyrights Law in Australia
Here’s a detailed overview of Copyright Law in Australia:
Copyright Law in Australia
Australia has a comprehensive copyright system that protects original works and aligns with international standards through various treaties and agreements.
1. Legal Framework
Primary Law: Copyright Act 1968 (Cth), with regular amendments.
Administering Bodies:
Attorney-General’s Department (policy),
Australian Copyright Council (education and support),
Courts (enforcement).
Australia is a member of:
Berne Convention,
WIPO Copyright Treaty (WCT),
Rome Convention,
TRIPS Agreement,
Australia–United States Free Trade Agreement (AUSFTA) – influences copyright duration and enforcement.
2. Protected Works
Copyright protects original works including:
Literary works (books, articles, computer programs),
Musical works,
Artistic works (paintings, photographs, maps),
Dramatic works (scripts, choreography),
Films, sound recordings, and broadcasts,
Published editions of works.
Note: Copyright protects the expression of ideas, not ideas themselves.
3. Rights Granted
Economic Rights: Control reproduction, public performance, communication (e.g., online), adaptation, and distribution.
Moral Rights: Right to attribution, protection against false attribution, and integrity of the work.
4. Duration of Protection
| Type of Work | Duration of Protection |
|---|---|
| Literary, dramatic, musical, artistic works | Life of the author + 70 years |
| Sound recordings & films | 70 years from year of publication |
| Broadcasts | 50 years from date of broadcast |
| Anonymous works | 70 years from publication (if not disclosed) |
5. Registration
No formal registration system exists in Australia.
Copyright is automatic upon creation, provided the work is original and expressed in a material form.
6. Exceptions and Limitations
Includes fair dealing for:
Research or study,
Criticism or review,
News reporting,
Judicial proceedings,
Parody and satire.
Note: "Fair dealing" is narrower than U.S. "fair use".
7. Enforcement
Civil remedies: Injunctions, damages, account of profits, and statutory damages.
Criminal penalties: Apply to willful copyright infringement and commercial piracy.
Online infringement: Addressed through court orders (e.g., website blocking) and safe harbour provisions for ISPs.
8. International Treaties
Australia is a party to:
Berne Convention,
WIPO Copyright Treaty (WCT),
Rome Convention,
TRIPS (via WTO),
AUSFTA, which extended copyright terms to match U.S. standards.
Summary
| Aspect | Details |
|---|---|
| Law | Copyright Act 1968 (Cth) |
| Protected Works | Literary, musical, artistic, audiovisual, software |
| Duration | Life of author + 70 years (varies by work) |
| Rights | Economic and moral rights |
| Registration | Automatic, no registration required |
| Enforcement | Civil and criminal penalties, online remedies |
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