Copyright marks your creation as intellectual property, safeguarding you against illegal knock-offs and usage. The legal framework associated with copyright provides you with control of all your creations. As a creator of any original work in Australia, you can claim its copyright. For instance, you can create a newsletter, logo, drawing, or designs. Once you claim it’s right, you become the owner of the original copyright.
The legal provisions associated with copyright protect you against others when they use or infringe your copyrighted creation in certain circumstances. Want to know more about copyright infringement in Australia? Here are the details.
Circumstances Leading to Copyright Infringement in Australia
In Australia, copyright infringement takes place when another person makes copies or exploits your work commercially without seeking your permission to do so. It is pertinent to mention that there must be a substantially similar reproduction of your work. Otherwise, you cannot call it an infringement. Such work must be copied from the first work.
Works Covered under Copyright
The provisions related to copyright in Australia give you an exclusive right to control the use of the work created by you. These works include maps, novels, drawings, illustrations, blueprints, engravings, photographs, radio broadcasts, TV shows, graphic designs such as audio recordings and digital files, and house plans.
Once copyrighted, you can claim it for 70 years from the date of first publication in terms of artistic work, 50 years in terms of radio and TV broadcasts, and 25 years in terms of published editions.
Works Not Covered Under Copyright
There are a few exceptions regarding copyright law in Australia. For instance, the Law doesn’t provide an infringement remedy for concepts, styles, and techniques. Besides, common knowledge, systems, recipes, dance and choreography, speeches, and clothing are also not covered under Australian copyright laws.
Remedies After Proving the Infringement
If you have proven the infringement of copyright, there are several avenues of obtaining redressal for the same.
- You can get in touch with a copyright attorney in Australia and seek an injunction from the court. Such injunction restrains the said person or company from reproducing your original work.
- You can seek an order from the court to enter the infringer’s premises and seize the copied/offending material.
- You can file a claim for damages and seek a fine for infringing your articles.
Protecting Your Work Online
The Australian Law provides many remedies for the protection of your copyrighted work. You can seek such remedies and refrain others from exploiting or abusing your original creation. At the same time, it is essential to protect your own work. If you are an artist, photographer, or graphic designer, you can legally protect your online work with the following steps:
- Always include a notice of copyright on your website and work. It will alert your visitors about your original creation.
- If you have uploaded your pictures online, put watermarks on such images. You can include your name or your website’s name on the actual print.
- Always have clear licensing terms on your online presence, especially your website. These terms set out how your purchasers may use your images. They also state all the rights that you retain under Copyright Law.
Copyright law in the legal system of this country has an open nature. It also means that things can get complicated, especially if your work is falsely reproduced, represented, or published. In this situation, it is essential to seek professional guidance. Without proper assistance, you may end up compromising your ability to preserve or profit from your creation. When you face any such situation, we advise you to contact a copyright attorney and learn about your rights and legal remedies.
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