1. A work has to be registered to obtain copyright.
No, protection in Australia is automatic when the work is created. It’s a good idea, though, to mark your work
with the © symbol, your name, and the year of publication; it serves as a reminder, helps people locate you, and is required in some other countries.
2. It’s OK to copy anything if it’s for educational purposes
No, this is a very prevalent myth. Apart from fair dealing, and copying of insubstantial
portions of works, any copying for educational purposes is done under licence. Copying for "educational purposes" is not a defence.
3. It’s OK to include small extracts from another author’s work in a book for publication, provided the extracts are small, and I attribute them properly.
Although the fair dealing provisions of the act would allow some copying for the purposes of criticism or review, it’s a safer policy to obtain the permission of the copyright owner before including the quote. Also, most publishers will require copyright clearances when they accept your manuscript for publication.
4. If I can’t locate the owner of a copyright after a certain period, then it’s OK to go ahead and use the work.
No. If you don’t have permission, you don’t have permission. There is no statute of limitations applying to the search for a copyright owner.
5. If I copy something, but change it a bit, then it’s OK to use
it
No. You infringe if you copy the whole or a substantial
part of a work without the permission of the copyright owner. Even if you change it a bit, a court would be likely to find that you had still copied a substantial part of the original. However, there is nothing to stop you using the idea expressed in the work in your own way.
6. The University has bought an original painting. This year we’re going to use the image of the painting on our Christmas cards. It’s OK because we own the painting.
No. Ownership of the artwork does not confer ownership of the copyright.
The copyright in the painting remains with the artist, unless there was
a specific contract agreed upon at the time of purchase or subsequently.
If you want to use the image, you’ll need the permission of the copyright
owner. You will also have to consider the artist’ s moral
rights.
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1. A work has to be registered to obtain copyright.
No, protection in Australia is automatic when the work is created. It’s a good idea, though, to mark your work
with the © symbol, your name, and the year of publication; it serves as a reminder, helps people locate you, and is required in some other countries.
2. It’s OK to copy anything if it’s for educational purposes
No, this is a very prevalent myth. Apart from fair dealing, and copying of insubstantial
portions of works, any copying for educational purposes is done under licence. Copying for "educational purposes" is not a defence.
3. It’s OK to include small extracts from another author’s work in a book for publication, provided the extracts are small, and I attribute them properly.
Although the fair dealing provisions of the act would allow some copying for the purposes of criticism or review, it’s a safer policy to obtain the permission of the copyright owner before including the quote. Also, most publishers will require copyright clearances when they accept your manuscript for publication.
4. If I can’t locate the owner of a copyright after a certain period, then it’s OK to go ahead and use the work.
No. If you don’t have permission, you don’t have permission. There is no statute of limitations applying to the search for a copyright owner.
5. If I copy something, but change it a bit, then it’s OK to use
it
No. You infringe if you copy the whole or a substantial
part of a work without the permission of the copyright owner. Even if you change it a bit, a court would be likely to find that you had still copied a substantial part of the original. However, there is nothing to stop you using the idea expressed in the work in your own way.
6. The University has bought an original painting. This year we’re going to use the image of the painting on our Christmas cards. It’s OK because we own the painting.
No. Ownership of the artwork does not confer ownership of the copyright.
The copyright in the painting remains with the artist, unless there was
a specific contract agreed upon at the time of purchase or subsequently.
If you want to use the image, you’ll need the permission of the copyright
owner. You will also have to consider the artist’ s moral
rights.
| Previous | INDEX | Next |
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