Copyright
Copyright is an important aspect of intellectual property protection. Hazan Hollander's team of lawyers provides can provide clients with a range of services in this area including:
- copyright ownership and infringement
- enforcement of copyright
- anti-pirating strategies
- Copyright licenses and assignments
- All aspects of licensing distribution and reseller arrangements for IT and computer technology
- Publishing agreements
What is copyright?
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards original "literary works" of art and literature, music, films, sound recording, broadcasts and computer programs from copying and certain other uses.
There is no copyright registration in Australia . Copyright comes into existence as soon as an original work has been reduced to a material form, such as when it is first written down, painted or drawn, filmed or taped. Copyright material also enjoys protection under the laws of other countries who are signatories to international treaties dealing with copyright to which Australia is a member, such as the Berne Convention and the Universal Copyright Convention.
Australian copyright protection is provided under the Copyright Act 1968, and gives exclusive rights to license others in regard to copying the work, performing it in public, broadcasting it, publishing it and making an adaptation of the work. Rights vary according to the nature of the work and whether or not it has been published.
Depending on the material, copyright for literary, dramatic, musical and artistic works generally lasts 70 years from the year of the author's death or from the year of first publication after the author's death. Copyright for films and sound recordings lasts 70 years from their publication and for broadcasts, 70 years from the year in which they were made.
Although a copyright notice is not necessary in Australia, to put others on notice of copyright ownership it is wise to mark works with a copyright symbol © and/or the word COPYRIGHT , the name of the person or organisation who owns the copyright, and the date it was first published. This may help prove ownership of the copyright, and is required to establish copyright in a few overseas countries. It can also act as a deterrent to potential infringers.
The implementation of the Australia-United States Free Trade Agreement (AUSFTA) resulted in a number of changes to the Copyright Act in 2004 that have made copyright a complex area of law. For specific advice concerning this and other copyright issues, contact Hazan Hollander to arrange a consultation.