4/22/2024 0 Comments Artistic licence law![]() ![]() There are also special exceptions for libraries, educational institutions and government. ![]() There are further exceptions for artistic works including incidental filming of artistic works and certain uses of sculptures and other artistic works located permanently in public. There are a number of exceptions to copyright infringement including fair use for research, study, criticism, review, parody, satire and reporting the news. a significant or important part) of the material is used. Infringement can also occur when a ‘substantial part’ (ie. Once copyright expires it is in the ‘public domain’, which means it can be used without permission.Īs a personal property right, copyright forms part of a copyright owner’s estate and is transferred to his/her heirs under the laws of inheritance.Ĭopyright infringement occurs when copyright material is used in one of the exclusive ways controlled by the copyright owner, without the copyright owner’s permission. ![]() So, it is important to consider all of the circumstances to determine the exact copyright duration. However, there are different duration periods depending on the subject matter, when it was created, when it was made public, and whether the creator is known. Generally, in Australia, copyright lasts for the life of the creator plus 70 years. These are known as ‘statutory licences’ and are collected by certain collecting societies. However, there are certain licences which a copyright owner must grant for certain uses of their material, which include uses by the educational and government sectors. Assignments and licences can be restricted, for example by duration and geographical area and to cover certain uses only.Ī copyright owner is free to choose whether or not to license their material, and whether to license the user directly or instead join a copyright collecting society which collects copyright licence fees (or royalties) on their behalf for certain uses of their copyright material. A copyright owner can also transfer their copyright to someone (known as an ‘assignment’), for example by sale. Depending on the subject matter, some of the exclusive rights include the right to control the use and reproduction of the material, the right to put the material online, the right to make copies available to the public for the first time and the right to perform the material in public.Ī copyright owner can give permission to someone to use their copyright (known as a ‘licence’). Different exclusive rights apply to different subject matter. The copyright owner has certain exclusive rights to use the copyright material in certain ways, and control the use of it by anyone else. Also there can be more than one copyright owner depending on the circumstances. However, there are exceptions to these general rules of copyright ownership, and ownership can be changed by written agreement. (The meaning of ‘maker’ depends on the particular subject matter and the circumstances in which it was made.) For published editions, the publisher is the copyright owner. Generally, it is the ‘maker’ of a sound recording, film or broadcast who is the copyright owner. Generally, it is the creator of a literary, dramatic, musical or artistic work who is the copyright owner. There are rules in the Copyright Act setting out who owns copyright, which depends on the particular subject matter. It is not required to display the copyright symbol ©, but it is a good idea to do so together with the name of the copyright owner to put people on notice that the material is protected by copyright. In Australia, as in most countries, copyright is an automatic right – it is free and there is no need to register copyright. Importantly, copyright exists separately from the physical work, and as such the sale of the physical work does not automatically include the copyright. Copyright does not protect ideas, but instead it protects the particular expression of the ideas in a material form. Copyright protects two categories of subject matter: ‘works’, being literary works (textual material), dramatic works, musical works and artistic works and ‘subject matter other than works’, being sound recordings, films, television and sound broadcasts and published editions. This information sheet will introduce you to some of the copyright basics.Ĭopyright is a bundle of rights which protects certain subject matter from being copied or used in particular ways without the copyright owner’s permission. Knowing how to license copyright and earn a royalty gives artists a way to make money from their work. Copyright provides a way for artists to protect and monetise their creativity. ![]()
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