KaiAdin:Copyright
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Relating to Australian Copyright Law
General Citations from the Australian Copyright Council, Information Sheet, on writers and copyright
Visit Also Photographers Rights, General Privacy, and Copyright in Australia
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Writers and Copyright
From: Writers & copyright
http://www.copyright.org.au/pdf/acc/infosheets_pdf/G013.pdf
Key points
- You do not need to register or go through any other process for your material to be protected by copyright.
- The person who creates copyright material is not necessarily the copyright owner.
- Writers have moral rights in their work, even if they do not own copyright.
Is my work protected if I use a pen name or pseudonym?
Written works are protected automatically as soon as they are �fixed�; for example, written on paper or saved to computer disk. It is not necessary that your name appear on a work for it to be protected. Thus, your use of a pen name or pseudonym will not generally affect the copyright protection for your work. A work first published under a pseudonym may only be protected for 70 years from the year of publication, rather than 70 years from the year of the author�s death, if the author�s identity cannot be ascertained.
Can I use a pen name or company name in a copyright notice?
Generally, you may use a pen name, pseudonym, company name or business name in a copyright notice. In Australia, and nearly all other countries, the copyright notice is not a requirement for protection, it just notifies people that the work is protected. You may, however, want to include your contact details near the notice, so that a person who wants to reproduce your work can easily contact you.
How long does copyright last?
The rules on duration of copyright changed on 1 January 2005 as a result of the Australia�US Free Trade Agreement. The general rule from 1 January 2005 is that copyright in a published written work lasts for the life of the creator plus 70 years, whether or not the creator is the copyright owner. If a literary work is never published, copyright in it does not expire.
Photographers and Copyright
From Photographers and Copyright
http://www.copyright.org.au/information/specialinterest/G011.pdf
Protection is free and automatic
There is no system of registration for copyright protection in Australia. Copyright protection does not depend upon registration, publication, a copyright notice, or any other procedure�the protection is free and automatic. A photograph is protected by copyright automatically from the moment it is taken. As a result of international treaties such as the Berne Convention, most foreign copyright owners are protected in Australia, and Australian copyright owners are protected in most other countries. For more information, see our information sheet Copyright protection in other countries.
Who owns copyright?
For photographs, unless there is an agreement to the contrary, the general rule is that the photographer is the first owner of copyright. (Note that you will not own copyright just because you own the camera). There are, however, a number of exceptions to this general rule, set out in the following paragraphs. If more than one person is involved in the creation of copyright material, or the material is created under an agreement or by commission, it is a good idea to have a written agreement stating who will own copyright. Note that in many cases a person who is not the copyright owner will have rights to use the photographs in various ways (for example, as a result of an express or implied licence).
Do I need permission from people I photograph?
A person�s image is not protected by copyright. However, in some cases, using a person�s image without permission may be prevented under other laws, such as the law of passing off, the Trade Practices Act 1974 and State and Territory fair trading laws. These areas of law concern conduct which may mislead or deceive the public and may particularly come into play if the photograph you are taking is of a well-known person, and is to be used, for example, as a poster or as a postcard or in advertising. In some cases, uses of photographs may be defamatory of people in them. If you are commissioned to take photographs, it should not generally be your job to check these issues. However, it may be a good idea to alert clients to the fact that they may need to seek advice from a solicitor with the relevant expertise (note that the Copyright Council does not advise on these other areas of law). Generally, if you have asked somebody to sit for you, it�s a good idea to get a �model release� from that person so you won�t have to worry later about whether or not your use of resulting photos will raise issues under areas of law such as passing off or the Trade Practices Act. (For a sample photographer's model release, with explanatory notes, see the Arts Law Centre of Australia website http://www.artslaw.com.au). In other cases, photographers may take more casual shots�for example, photographs of people in the street or at markets, or playing sports. If you know that you might later be using such a photograph commercially, it�s generally a good idea to get a model release from the people you have photographed. If it�s impractical to get the people in your shots to sign model releases, or if they refuse to do so, your ability to use or license the use of the photograph in certain ways might be limited because of the laws discussed above.
Privacy
It is generally not an invasion of privacy to take another person�s photograph. However, in some circumstances, you may be required to comply with the National Privacy Principles in the Privacy Act 1992 (Cth). For further information on this issue, contact the Office of the Federal Privacy Commissioner or see the website http://www.privacy.gov.au. The Copyright Council cannot advise on this area of law.
