Copyright

What does copyright apply to?

 * Artistic and musical work
 * Work that is the result of some skill or effort
 * Computer programs
 * Sculpture
 * Films and broadcasts
 * Maps and plans
 * The work must be recordable or fixed eg printed, on CD or computer hard drive ie cannot just have been discussed with someone

How to get copyright:

 * Copyright is automatic you do not need to apply for it
 * There is no government agency that handles copyright
 * Under International treaties and conventions your work is covered for copyright in most countries however registration with government agencies can make court proceedings easier
 * You do not need to insert the copyright symbol ©to have copyright but it assists in letting people know
 * You should use your own name on the copyright notice as it aids people in getting permission to use your work

How long does copyright last?

 * Copyright generally lasts for life + 70 years
 * Previous to January 2005 copyright lasted for only 50 years or in the case of photos 20 years. All material that was still covered by copyright at this time came under the new regulations

Copyright infringement:

 * Generally, copyright is infringed if copyright material, or a “substantial part” of it, is used without permission in one of the ways exclusively reserved to the copyright owner. There are, however, some situations in which copyright material can be used without it being an infringement.
 * Courts determine whether a part is a “substantial part” by looking at whether it is an important, distinctive or essential part. The part does not necessarily have to be a large part to be “substantial” for the purposes of copyright law.
 * Copyright may also be infringed when someone:
 * “authorises” someone else to infringe copyright (that is, endorses or sanctions someone else’s infringement –for example, by asking or encouraging them to infringe copyright, or by providing them with the means to do so);
 * imports, without permission, items containing copyright material for sale or distribution;
 * deals commercially with pirate copies of copyright material;
 * deals commercially with items containing copyright material imported without permission; or
 * permits a place of public entertainment to be used for infringing performances or screenings.

When might you infringe copyright using the Internet?

 * Copyright owners have a number of rights, including the right to control the **“reproduction”** of their material and the right to control the “communication” of that material “to the public”.
 * Generally, you will infringe copyright if you use copyright material in one of the ways that copyright owners control, without permission, in circumstances to which no exception applies. For example, you might infringe copyright if you do any of the following:
 * print material from a website or a bulletin board without express or implied permission;
 * upload or download a pirated version of a movie or pirated copies of a song or software;
 * save material from a website or a bulletin board onto your hard drive without express or implied permission;
 * make material such as songs, software, TV programs or movies in which someone else owns copyright available from your computer over a P2P system or through the use of P2P software;
 * email material from a website or a bulletin board to other people without express or implied permission.

Copying electronic material:
**Copying videotapes/DVD into an “electronic form”** It is now legal to make a copy “in electronic form”, for private and domestic use, of a videotape you own. This allows you, for instance, to copy the contents of a videotape onto a DVD, provided:
 * you **own the videotape;**
 * the videotape is **not an infringing copy (for example, it was not illegally copied from another videotape);**
 * the videotape does **not contain material recorded from TV (even if the recording was legal);**
 * the copy is in “electronic form” (you are not entitled to copy to another videotape); and
 * the copy is for your private and domestic use.

Once you have made a copy from a videotape, there are restrictions on what you can do with the copy and with the original videotape. The copy will become an infringing copy if you:
 * sell it or offer it for sale;
 * rent it or offer it for rent;
 * distribute it (for example, give it to someone); or
 * dispose of the original videotape to someone (for example, if you sell it or give it away or donate it).

You can **lend the copy to:**
 * people you are living with; and
 * members of your family.
 * You cannot, however, lend the copy to anyone else.

Getting permission:
To use all or a “substantial part” of an artistic work in any of the ways reserved to the copyright owner, you will need permission from the copyright owner, unless copyright has expired or a special exception applies.
 * The creator of copyright material is not always the copyright owner.
 * The owner of a physical item does not necessarily own copyright in that item. For example, a gallery or museum does not necessarily own copyright in items in its collection.
 * Intestacy law or the will of a deceased person may determine who inherited copyright owned by the person when they died.
 * The Copyright Act does **not allow you to use copyright material without permission merely because you can’t** identify the copyright owner, or can’t contact them, or because they fail to reply to your request.
 * If you have used copyright material without permission, using “good faith notices” or statements that you were unable to contact the copyright owner, this does **not alter your legal liability for infringement.**
 * Once you have permission to use an artwork, you still need to ensure that you do not infringe its creator’s moral rights.

Defamation law:

 * Since January 2006 there are similar defamation laws across Australia
 * If a person thinks that you have defamed them and takes you to court, they have to demonstrate:
 * That the words were capable of a defamatory **meaning** as understood by ordinary members of society. Defamatory meaning could be anything which harms the person, in their reputation, their business or in the way other people treat them. The law does not say that the plaintiff must show actual proof of being harmed; it is enough that the false statement **could** have led to harm.
 * That the words **identify** him as the person defamed. It is not necessary that he should have been specifically named. If he can show the court that a reasonable person would take the words to refer to him, he will probably have a good case. Groups of people (such as small companies or not for profit associations) can sue for defamation if they can demonstrate that the words identified them as a group.
 * That the words or pictures have been **published,** that is heard or seen by a third person. The first person is the one talking or writing (you), the second person is the person being talked or written about (the plaintiff), the third person is anyone else who may hear or read the offending matter (such as a reader or listener). There is no civil defamation if the words, however bad or untrue, are spoken or written only to the person about whom they are made

 Defamation defences:

 * Truth – what you published was substantially true
 * Some reports or forums are not subject to defamation eg parliament and the courts
 * Honest opinion – you honestly believed the published information was substantially true and you were expressing opinion and not fact, was in the public interest and based upon proper material
 * The matter has been judged in court
 * The statute of limitations has expired (This is 12 months)