copyright act

Question 1

when does copyright begin and how long does it ‘live’ for

Answer 1

• copyright applies at the moment of creation
• it applies for 70 years after the copyright holder’s death
• it exists in both published and unpublished forms

Question 2

what is the copyright act 1968 for

Answer 2

• intended to legally protect the rights of creators of creative and artistic works under Australian Law
• owners of copyright have rights to reproduce, publish, perform and adapt the work and communicate it to the public
• aims to balance the rights of the creator or copyright owner, to manage and protect their own works with the needs and rights of the public to use these works

Question 3

what works does the copyright act cover

Answer 3

• literacy
• artistic
• musical
• sound recordings
• cinematograph films
• television

Question 4

what does the copyright owner have exclusive economic rights to

Answer 4

• reproduce
• release
• communicate
• broadcast
• perform
• adapt

Question 5

copyright exceptions: fair dealing

Answer 5

the copyright act allows you to use copyright material without permission if your use is a ‘fair dealing’ for one of the following purposes:
- research or study
- criticism or review
- parody or satire
- reporting news

Question 6

what are some of the moral rights of the copyright act

Answer 6

There are legal obligations to attribute creators and treat their work with respect.These creators’ rights are known as ‘moral rights’. They mean you must:
- attribute (give credit to) the creator
- not say a person is a creator of a work when they’re not
- not do something with a work (such as change or add to it) that would have a negative impact on the creator’s reputation
- These obligations do not apply if you have the creator’s consent, or if you act reasonably (as set out in the legislation; industry practice can be relevant).
- Creators have moral rights even if they do not own copyright in their work. They cannot sell or completely waive their rights, but they can give consent for certain things that may otherwise breach their moral rights.

Question 7

what is copyright

Answer 7

This refers to the exclusive rights given to a creator or author to publish, print, perform or copy their own original work. In Australia, copyright is applied through the Copyright Act 1968.

Question 8

what is public domain

Answer 8

• “Public Domain” is often used to describe information that is freely accessible on the Internet.
• This type material is mostly still subject to copyright.
• In the copyright context the term “public domain” has a more specific meaning. It refers to material where copyright has expired or the copyright owner has licensed the material so that it can used in certain ways without the permission of the copyright owner

Question 9

what are the types of spam consent

Answer 9

• express
• inferred

Question 10

describe express consent

Answer 10

• When an individual or organisation first provides their email address, and you plan to send them a commercial electronic message, you must first get their express consent.
• This can be in the form of: filling in a form, ticking a box on a website, over the phone, face-to-face or by swapping business cards – as long as the recipient is aware they may receive commercial messages. You cannot send an electronic message to seek consent.
• Businesses should keep a record of all instances where consent is given, including who gave the consent and how. Under the Act, it up to the sender to prove that consent exists.

Question 11

describe inferred consent

Answer 11

this can occur:
- Via an existing business or other relationship, where there is reasonable expectation of receiving commercial electronic messages
- Via conspicuous publication of a work-related electronic address because it is accessible to the public, or a section of the public and if:
- The address is not accompanied by a statement saying no commercial messages are wanted
- The subject of the message is directly related to the role or function of the recipient.