Copyright act 1968

Definition

The Copyright Act 1968 is the Australian law that protects original works of authorship such as literature, music, films, software, artistic works, and broadcasts. It grants creators exclusive rights to reproduce, publish, communicate, and adapt their works. Copyright protection arises automatically when an eligible work is created, without requiring registration.

For example, when an author writes a novel, the Copyright Act 1968 provides legal protection that prevents others from copying, publishing, or selling the work without permission.

Advanced

The Act covers a wide range of works and subject matter including written material, images, sound recordings, performances, and computer programs. Copyright generally lasts for the lifetime of the creator plus 70 years, though the duration may vary depending on the type of work.

Advanced considerations include licensing, moral rights, and exceptions for fair dealing. Moral rights ensure that creators are attributed correctly and that their work is not treated in a derogatory way. Fair dealing allows limited use of copyrighted material without permission for purposes such as research, criticism, news reporting, parody, or study. The Act is enforced through civil actions where copyright owners can seek damages, injunctions, or account of profits.

Why it matters

• Protects creators by granting them control over their works.
• Encourages innovation and cultural production.
• Provides businesses with frameworks for licensing and using works lawfully.
• Prevents infringement that can result in legal and financial consequences.

Use cases

• Protecting software developers from unauthorised copying of code.
• Regulating music use in advertising or films through licensing agreements.
• Allowing journalists to reproduce small portions of works under fair dealing.
• Enforcing rights when works are copied or distributed without permission.

Metrics

• Number of infringement cases brought to court each year.
• Duration of copyright protection by type of work.
• Volume of licensing agreements entered into by rights holders.
• Financial penalties or damages awarded in infringement cases.

Issues

• Infringement through online piracy and unauthorised distribution.
• Misunderstanding fair dealing exceptions leading to misuse.
• Enforcement challenges in cross-border digital environments.
• High costs of legal action for individual creators.

Example

A photographer discovers that a business has used their image in an advertising campaign without permission. Under the Copyright Act 1968, the photographer takes legal action and is awarded compensation for infringement and loss of licensing revenue.