What is Copyright?
Copyright laws protect authors of original material. Their creations are their own intellectual property & they have rights. A copyright owner is the only person allowed to reproduce a work or to make it public. Copyright protection is automatic on original material. It doesn't have to be registered & there are no other requirements. So, everything is protected by copyright laws!
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Fair Use |
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As a rule of thumb, more than 100 words is usually considered an amount that requires a licence or permission for reproduction from the copyright owner. This is assessed cumulatively so several short quotes may amount to over 100 words. And if the original work is a short poem or song lyric then even a few words could amount to 'a substantial amount' & be protected. Copyright generally lasts for the life of the author plus 50 years. |
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| Who Owns Copyright? The original creator of material is the copyright owner unless an agreement has been made to the contrary. So, for example: |
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'an author will own the copyright to his or her written words |
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a publisher will own copyright of the published edition |
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if you create material as part of your employment, your employer will usually own it |
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in the case of journalists & photographers who work for periodicals such as newspapers & magazines, a special split ownership occurs. |
| However, rights may be assigned by being bought, sold or licensed. A licence to reproduce material may be exclusive or non-exclusive & may be limited by time or, to a certain territory or medium. | |
| Moral Rights On top of copyright law, the creator of an original work can take action against anyone who: |
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doesn't attribute the work to its owner, or |
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falsely attributes it as the work of someone else, or |
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alters the work without indicating that it has been altered. |
Organising a Licence Publishing contracts assign the responsibility to clear rights with the author if he or she wishes to use copyright material. If you need to use copyright material in a publication you can normally contact its publisher to request permission. In addition, the Copyright Agency Ltd is a useful service that can organise copyright licences (at a cost) for certain material. |
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| Protecting Your Work Material that you have created will automatically be protected under copyright law. However, it's advisable to include the copyright notice in your material to dissuade inappropriate reproduction. |
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| Useful Resources: | |
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The Australian Copyright Council is a great source of information. |
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The Arts Law Centre publishes various sample copyright agreements & has other useful info. |
Remember: if in doubt, leave it out! |
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