You cannot register for copyright in Australia. Automatic copyright protection exists when you first create your work. There are no fees or procedures that must be followed. For example, a poem is protected at the moment when it is created. There is no need to publish the poem for protection to exist. All you need to do is create an original piece of work.
What actually is “copyright”?
Copyright refers to rights that you hold when you create material. These rights are exclusive. This means that you can publicise, communicate, perform, and transmit work to the public. Copyright protection means that you can also prevent others from reproducing or communicating your material without your permission. These rights can apply to the creation of certain “creative works” such as text, artistic works, music, computer programs, sound recordings, and films.
How long does my copyright protection last for?
These rights last until the life of the copyright holder, plus 70 years. Another person or company can “infringe” on your copyright if they use all or part of the work without your permission. As you have copyright protection, you have the right to specific relief in the form of legal remedies. Therefore, it is important to understand whether your material is copyrightable. To find out more about the duration of copyright as well as infringement concerns, you can read the Australian Copyright Council’s legal guide to the duration of copyright.
Do I need to put a copyright notice (©) to have copyright protection?
You do not have to place a copyright notice on your work to have copyright protection. You do not even need to acknowledge your work with your real name. However, if you do not do so, you may find yourself in a legal predicament when someone tries to copy you. The Australian Copyright Council considers that you should accompany your work with your real name and a copyright notice. Doing this will help you prove that you are the creator of work if someone tries to infringe on your copyright. The Court considers the owner of creative work as the person named on the copyright notice.
Are there any works that copyright does not protect?
Unfortunately, copyright protection does not exist for ideas, concepts, styles, techniques, names, titles, slogans, and people.
Is there a system of registration for a name, logo or slogan?
Yes. A common misconception is confusing the legal concept of copyright with other areas of intellectual property. Copyright protection does not extend to names, logos or slogans. You should register a trademark if you want adequate legal protection. If you want more information about trademark registration, you can get in touch with a lawyer. We know that as a business grows in value, often its most valuable asset ends up being its intellectual property.
