Copyright information
What is copyright?
Rights of copyright holders
Duration of copyright
Fair dealing
Digital copying
Copyright links
Copyright organisations
Copyright disclaimer
What is copyright?
Once an original work is written, recorded or produced in a material format, it is automatically protected by copyright. A work protected by copyright does not need to be published and it does not need to have a copyright notice. However, a 'copyright notice' is usually considered advisable to clearly identify the owner of the copyright.
Copyright law in Australia is outlined in the Copyright Act 1968 and various legal cases. The Act divides copyright materials into works and subject matter other than works, specifically:
- Literary works (books, newspapers, magazines, greeting cards, brochures, screenplays, music lyrics, computer programs etc.)
- Dramatic works (plays, choreographed pieces, etc.)
- Musical works (eg.scores)
- Artistic works (paintings, drawings, photographs, technical drawings, craft works, sculptures etc.)
- Subject matter other than works
- sound recordings
- cinematograph films (includes video, DVD etc)
- television and sound broadcasts
- published editions of works (ie the typographical arrangement
Rights of copyright holders
The Copyright Act 1968 provides copyright holders with certain rights, including the exclusive right to make copies of their work/s. 'Copying' includes photocopying, copying by hand, filming, recording and scanning. This means that permission to reproduce a work, or a part of it, must be sought from the copyright owner. If you copy a work or even a small part of a work without the copyright owner's permission you may be sued.
A copyright owner can also assign or license their rights. Assigning rights means the rights are given to someone else who then becomes the copyright owner e.g. a publisher. A license is granted when permission is given to another to use the copyright material, usually in exchange for a fee. Many educational institutions take out special licenses to provide specified copying arrangements for their staff and students.
Since March 2001 copyright owners have a new right of "communication to the public" which applies to broadcasting or cable transmission or making material available for viewing or downloading (eg. via the web, FTP, email).
Duration of copyright
From 1 January 2005 the length of copyright protection for many works increased. If a work was in copyright on this day, the following table applies:
| Types of Copyright material | Extended term |
| Literary, Dramatic, musical, or artistic works excluding photographs |
Lifetime of author plus 70 years |
| Photographs | Lifetime of author plus 70 years |
| Unpublished literary (other than computer programs) dramatic works | 70 years after end calendar year of first publication |
| Unpublished engravings | 70 years after end calendar year of first publication |
| Works and photographs first published under a pseudonym or anonymously | 70 years after end calendar year of first publication |
| Sound recording and films | 70 years after end calendar year of firstbroadcast, exhibition or publication |
| Crown Copyright | 50 years from year if first publication |
For Crown copyright works, the duration of protection is fifty years from the year of first publication. For published work, protection can last indefinitely.
The protection periods under Australian law for the main categories of copyright material can be complex. For a thorough outline of copyright timelines applying to specific works see the Information Sheet G23: Duration of Copyright. This is available from the Australian Copyright Council's website under their Information Sheets link. Select the Publications tab and click on the Information Sheets link.
The term of protection given in Australia to copyright material originating in other countries generally the same as that given to the corresponding Australian material.
Fair dealing
There are exceptions to the rules on copyright infringement. The most important exception is the statutory defence of "fair dealing" under Sections 40-43 & 103A. Under the Copyright Act 1968, the doctrine of fair dealing permits the use of copyright material for four purposes on the proviso that the use is fair:
- Research or study
- Criticism or review
- Reporting of news
- Judicial proceedings or professional advice
For these purposes, you are allowed to copy 10% of a book or one chapter. For magazines, journals or newspapers you may copy one article only or more than one article if the articles are based on the same topic.
For electronic works the 10% rule also applies, only you can copy one chapter or 10% of the number of words, not pages.
You do not infringe copyright therefore if you copy a reasonable portion for the above purposes and this use is deemed to be fair. In deciding what is fair the Act lists 5 checks.
- the purpose and character of the dealing
- the nature of the work or adaptation;
- the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price;
- the effect of the dealing upon the potential market for, or value of, the work or adaptation; and
- in a case where part only of the work or adaptation is reproduced - the amount and substantiality of the part copied taken in relation to the whole work or adaptation.
Staff and students of this Institute must abide by the Copyright Act 1968 in all its dealings with copyright, especially in regard to "fair dealing". For any actions beyond what is allowed under the Act permission must be sought from the copyright owner or their agent.
Digital copying
The Copyright Amendment (Digital Agenda) Act 2000 amending the Copyright Act 1968 came into effect on 4 March 2001 . It concerns copyright provisions pertaining to digital formats and reinforces and extends earlier digital provisions. The new amendment allows copyright owners to 'communicate' their work which means to electronically transmit it or make it available online. Legal permissions and restrictions for electronic works include:
- computer programmes The licensee of a computer program may make a copy of the program for backup or security purposes.
- scanning images. You need permission from the copyright owner to scan an image if there is no express licence or waiver of copyright. There are some permissions for scanning under the CAL licence. Always read the terms and conditions on clip art and other image sites.
- the internet Material on the internet is not necessarily "copyright-free". Unless it states otherwise assume that you may be able to copy under the fair dealing provisions if you are a student or teacher using the work for educational purposes (ie the 10% of words on a page rule). For all other purposes you may infringe copyright if you print material from a web site or bulletin board, save it to a hard or floppy disk or email it to another person. It is best to assume internet material is copyright protected, unless there is an express licence or waiver of rights. Always read a copyright notice if one is provided on a website.
Copyright links
Copyright organisations
Australasian Mechanical Copyright Owners Society (AMCOS)
This organization manages the reproduction rights of its members - Australian and New Zealand music publishers, composers and writers as well as international producers through a reciprocal network.
Australasian Performing Rights Association (APRA)
Working closely with AMCOS, this copyright collecting society manages the performing rights of music writers, publishers and international composers through a network of similar organizations.
Australian Copyright Council
Independent organization providing training and advice on Australian copyright issues.
Copyright Agency Limited (CAL)
CAL is a body set up to represent publishers, writers, authors, visual artists and other creators by acting as their agent for the licencing of their works to educational and government organizations and the wider community.
DCITA
Australian Government department providing policy advice to the government on a number of issues including copyright and intellectual property. It also administers the Public Lending Rights and the Educational Lending Rights schemes, Commonwealth Government programmes to help compensate publishers and creators for lost revenue as a result of lending from public and educational libraries.
Screenrights
Non-profit organization set up to administer the use of film and television for educational purposes.
Viscopy
Australasia's copyright collection agency for visual artists. It licenses copyright in artistic works and distributes the royalties to the copyright owner.
Copyright disclaimer
The information provided on these pages does not constitute legal advice. The aim is to provide general information and support on copyright issues pertaining to TAFE teachers and students. For legal advice consult the Australian Copyright Council or a lawyer.
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