Copyright Law

Question 1

What is copyright?

Answer 1

A species of IP and can be approached from three perspectives;

1. What areas of law fall into the scope of IP?
2. What is IP designed to do?
3. What are the policy issues relating to IP?

Question 2

What does it mean to be a “Property Right” ?

Answer 2

Someone owns it, you can sell it and you can stop others from using it

Question 3

Intangible copyright?

Answer 3

There’s a distinction between object and separate copyright - property is object owned by one person WHEREAS copyright is another

Question 4

Do you need registration for copyright?

Answer 4

No - it’s automatic

Question 5

What is the first step for approaching copyright issues?

Answer 5

DOES COPYRIGHT SUBSIST?
Part III - is it an original, in material form, a literary, dramatic, artistic or musical work related to Aus
Part IV - is it published?

Question 6

What is the second step for approaching copyright issues?

Answer 6

WHO OWNS COPYRIGHT?
Part III - generally the author of the work
Part IV - Identify relevant position considering assignment or liscences

Question 7

What is the third step to approaching to copyright?

Answer 7

HAS THERE BEEN A DIRECT/THREATENED INFRINGEMENT?

Has there been authorisation? or Infringement Importation or Sale?

Question 8

What is the fourth step to approaching copyright?

Answer 8

ARE THERE ANY EXCUSES?
Check for assignments or liscences. Is the infringing conduct a fair dealing for one of the purposes in the Act and are there any of the specific, royalty-free expectations or statutory liscences applicable?

Question 9

What is the fifth step to approaching copyright?

Answer 9

What remedies are available for plaintiff’s against defendants

Question 10

What is the sixth step to approaching copyright?

Answer 10

Has there been any (potential) breaches of moral rights which require consideration?

Question 11

What does there need to be for copyright to subsist under Part III?

Answer 11

Needs to be an original, in material form, a dramatic, literary, artistic or musical work related to Australia

Question 12

What is contained in Part IV for subject matter?

Answer 12

Copyright in subject matter is for sound recordings, cinematographic films, television and sound broadcasts and publishes editions of work

Question 13

Who owns copyright first?

Answer 13

The “author” - creator of the work

Question 14

What are the exceptions to the basic rule of copyright’s first owner?

Answer 14

Work is produced in the course of employment, journalists and commissioned artistic works.
The ownership of copyright can always be modified in the contract

Question 15

What is a liscence?

Answer 15

Permission to deal with the copyright subject matter for certain purposes

Question 16

What is an exclusive liscence?

Answer 16

A liscence in writing, signed by or on behalf of the owner or prospective owner of the copyright, authorising liscensee to the exclusion of all other persons to the act that… the owner of the copyright would, but for the liscnce, have all exclusive rights to do

Question 17

What are other liscences are there?

Answer 17

Statutory liscences and compulsory liscences

Question 18

What is an infringement of copyright?

Answer 18

Doing/authorising any of the exclusive rights comprised in copyright without permission of copyright

Question 19

Does the whole work need to be infringed?

Answer 19

Not done in relation to the whole work - just a substantial part of the work

Question 20

What is ‘substantial’?

Answer 20

requires a consideration of the quality of the work taken in relation to the work as a whole, rather than a question of quantity.

Question 21

When there is a direct infringement in Part III?

Answer 21

It is much more restricted concept that in relation to works

Question 22

Can copyright be infringed event with authorisation?

Answer 22

Yes - when person attributes the doing in Aus of any act comprised of copyright without the liscence of the owner

Question 23

What matter needs consideration to determine the issue of authorisation?

Answer 23

The extent of the person’s power to prevent the doing of an act concerned to the nature of any relationship existing between person and person who committed act and whether person took any reasonable steps to prevent/avoid doing of act inc. whether person complied with any relevant industry codes of practice

Question 24

What the main forms of indirect infringement?

Answer 24

Imported for the purpose of trade without liscence of the copyright owner and sold, hired out or otherwise made the subject of trade

Question 25

Are there any defences for Copyright Infringement?

Answer 25

Fair dealing
Specific Royalty-Free Exceptions
Statutory Liscences

Question 26

What is the fair dealing defence for copyright infringment?

Answer 26

Mark out areas of free use of copyright materials - referred to as exceptions but establish limits to the scope of the bundle of exclusive rights. Applies to all categories of work and permit royalty-free use of substantial part or whole work without authorisation of copyright owners

Question 27

A fair dealing does not infringe if done under the following purposes;

Answer 27

Research/Study - Critics/Review - Reporting of News - Judicial proceedings or giving of professional legal advice, and/or parody/satire

Question 28

What the specific, royalty-free exceptions;

Answer 28

Time shifting, private copying - format shifting and private copyright of music

Question 29

What remedies are available for Copyright Infringement?

Answer 29

Injunction, Damages, Additional damages, Conversion damages, and account of profits
Not every copyright infringement is criminal

Question 30

What else does the COPYRIGHT ACT provide ‘copyright-like protection’ for?

Answer 30

Performers rights, film directors copyright and moral rights

Question 31

What are moral rights?

Answer 31

Personal rights inherent in the author. Reflect unique personality of author. Copyright Act provides for three moral rights;

• right of attribution of authorship
• rights against false attribution of authorship
• right to integrity

Question 32

What are the remedies for moral rights infringement?

Answer 32

Injunctions, Damages, Apologies/Removal or Reversal of Particular Treatment