Copyright Lawyers Melbourne

Copyright lasts a lot longer than most people realise. The duration varies depending on the type of work and when it was created. Generally:

• For literary, dramatic, musical, and artistic works: 70 years after the death of the creator.
• For films and sound recordings: 70 years from the year of first publication.
• For broadcasts: 50 years from the year of broadcast.

These durations are specified in the Copyright Act 1968.

Moral rights are often overlooked — but they matter. Moral rights are personal rights granted to creators, including:

• The right to be attributed as the creator of the work.
• The right not to have the work falsely attributed to someone else.
• The right to object to derogatory treatment of the work that prejudices the creator's honor or reputation.

These rights are separate from economic rights and cannot be transferred, although creators can consent to certain uses of their work.

Here's what copyright actually means in plain English: it's a legal right that grants creators of original works exclusive control over the use and distribution of their creations. In Australia, copyright protects works such as:

• Literary works (e.g., books, articles)
• Artistic works (e.g., paintings, photographs)
• Musical works
• Dramatic works (e.g., plays)
• Films and sound recordings

These rights are established under the Copyright Act 1968.

This is an important distinction to understand. Works in the public domain are not protected by copyright and can be used freely by anyone. In Australia, a work typically enters the public domain when its copyright term has expired, such as 70 years after the death of the creator for literary works.

Here's something many people don't know: copyright protection is automatic in Australia upon the creation of a work. There is no requirement for registration or the use of a copyright symbol. Once an idea is expressed in a tangible form, such as being written down or recorded, it is protected by copyright law.

To use a copyrighted work legally, you should:

• Identify the copyright owner
• Contact them to request permission
• Negotiate any licensing fees or conditions
• Obtain the permission in writing

Some works may be available under licenses that allow certain uses without direct permission, such as Creative Commons licenses.

The consequences of copyright infringement can be serious and costly. If someone infringes your work, you may pursue:

• Injunctions to stop the infringing activity
• Damages or account of profits
• Delivery up or destruction of infringing copies
• Criminal penalties for serious infringements

It's important to respect copyright to avoid these legal repercussions.

This is one of the most common sources of disputes we see — so it's worth understanding clearly. Ownership of copyright in commissioned works depends on the nature of the work and any agreements in place. Generally:

• For photographs, portraits, or engravings commissioned for private or domestic purposes, the commissioner owns the copyright.
• For other commissioned works, the creator typically retains copyright unless there is an agreement stating otherwise.

It's advisable to have a written agreement clarifying copyright ownership in commissioned projects.

Here's what the law says about using someone else's work without permission: fair dealing is a legal exception that allows limited use of copyrighted material without permission for specific purposes, including:

• Research or study
• Criticism or review
• Reporting news
• Parody or satire
• Legal advice

The use must be fair and fall within one of these categories to qualify as fair dealing.

This is one of the most common misconceptions we encounter. Material found on the internet is protected by copyright just like any other work. Using such material without permission may infringe on the copyright owner's rights, unless the use falls under a specific exception like fair dealing or the material is licensed for free use (e.g., under a Creative Commons license).