1. Explain what copyright means.
It’s a legal protection that is granted to creators of their original works that includes literary, artistic, etc and in Australia this gives the creator exclusive rights their work to the public and hence others can’t use his property without his approval and you don’t need formal registration in Australia.
2. Why do we have copyright laws?
They exist to protect creators so they have control on how their work is used and how they are going to be financially rewarded, also ensures that creators and artists want to continue working because they know their work is protected and also establish clear rules for the use of protected work preventing unauthorized exploitation and infringement.
3. How long does copyright last?
According to the Australian Copyright Council (2024) the duration depends on the type of work. For Literary, Dramatic, Musical and Artistic works last for the life of the creator plus 70 years after their death. For Sound Recordings and Films last 70 years after the first publication. For published editions is 25 years from the date of first publication.
4. What will happen if you break copyright laws?
For Civil penalties you have to pay financial compensation to the copyright owner for losses suffered, the court will make you stop the usage of these material and you have to surrender any profits made from the infringement.
When there are Criminal penalties the monetary penalties are imposed by the court, you could face jail time and the confiscation of unauthorized copies used.
For the two examples we can mention Universal Music Australia Pty Ltd v Sharman License Holdings Ltd (2005) in which according to Tech Law Journal (2024) Kazaa v Universal Music for authorizing users to infringe law. Roadshow Films Pty Ltd v Telstra Corporation Ltd (2016) according to Australian Copyright Council (2024) major film studios sought that Australian ISPs block access to torrent sites that facilitates copyright infringements.
5. What percentage, if any, of a copyrighted image are you legally allowed to use in your artwork?
By law images are protected as a whole and any substantial part of it so any significant element of a copyrighted image that is used without permission is infringement but it have exceptions like research, criticism or parody.
6. What are moral rights?
These are personal rights granted to the creators and is separate from their economic rights and includes the right of attribution to be credited for their work, the right against false attribution prevent other to be falsely named as creators and right of integrity to prevent derogatory treatment of their work that could harm their honour, and these rights can’t be transferred or sold.
7. How can you assert your copyright and moral rights when publishing your original artwork?
You have to include a copyright notice on your artwork, use metadata embedded in your digital artwork, publishing the terms of use staying how others can use your work if allowed, the licence to work while retaining your rights, express moral rights that you should be credited and your work must not be altered without permission and document your creation to keep records of the development of your work to establish authorship.
Australian Copyright Council 2024, Australian Copyright Council, www.copyright.org.au, viewed 28 September 2024, <https://www.copyright.org.au/resources>.
Tech Law Journal 2024, Australian Court Finds Sharman Infringed Music Copyrights, 9/05/2005., Techlawjournal.com, viewed 28 September 2024, <http://www.techlawjournal.com/topstories/2005/20050905.asp#:~:text=The%20issued%20its%20in%20Universal%20Music%20Australia%20v>.
Communications Law Bulletin 2017, Site Blocking Case Handed Down: Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503, Australasian Legal Information Institute, viewed 28 September 2024, <https://www.austlii.edu.au/au/journals/CommsLawB/2017/6.pdf>.