Copyright is a type of intellectual property that protects the original expression of ideas. It is a valuable asset for you as it provides you with exclusive rights over these works. By having ownership, you, as the creator, have the right to control who can monetise off of your works. Though, it is important to understand that copyright protections are valid for a certain period of time and after that time, anyone is able to use your works. If you are not a creator but are planning to use another persons copyright protected material, it is still important for you to understand how long copyright protections are valid for so as to avoid any possible infringements.
Copyright
Copyright provides the creator of the original work with a bundle of exclusive economic rights to do certain things with copyright protected materials. Some of these include the right to:
- Copy
- Publish
- Communicate
- Publicly perform
Note that there is no registration system for copyright in Australia. Thus, you do not need to register copyright or go through a formal process before your material receives copyright protection. Original works receive copyright protection once it is ‘fixed’ in material form like when it has been written down, drawn, or saved to a computer hard drive.
For those planning to use someone else’s copyright protected works, you need to know that different uses of content may require permission or payment in order to do so. For example, if you want to share or copy another person’s work, then you will likely require the creator’s permission to do so, unless copyright has expired. On the other hand, if you want to create a parody or satire based on another person’s copyrighted work, then permission will likely not be required.
Copyright Protected Materials
According to the Copyright Act 1968 (Cth), there are several categories of material, which are protected under copyright. These include:
- Literary works
- Dramatic works
- Musical works
- Artistic works
- Sound Recordings
- Cinematograph films
- Broadcasts
- Published editions
Duration Of Copyright
Copyright is valid for a certain amount of time, but is dependent on the type of protected material. Generally, copyright is valid for the lifetime of the author, plus 70 years and subject to the specific rules. For example, literary, dramatic, musical and artistic works published before January 1955 and where the creator has died before then, are no longer copyrighted.
Once copyright has expired, then the material becomes part of the ‘public domain’ where it can be used by anyone. However, there is no list of materials in the ‘public domain’. Therefore, you will have to do some investigating to find out whether or not something is still copyrighted. Otherwise you may be infringing on someone else’s work by using it and be held liable for that.
Conclusion
If you are a creator or are planning to use another’s copyright protected materials, it is important that you understand how long copyright protection is valid for. Although, the duration of copyright depends on the type of material, the general rule of thumb is the lifetime of the author plus 70 years. However, it must be remembered that there are other specific rules that may change the length of validity. If you believe there has been a possible infringement on your copyrighted work, then you could send a cease and desist letter to request the other party to stop using your work. Alternatively, you can contact a copyright lawyer for any other copyright protection concerns you may have.
